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Home Dictionary Name: pcJudgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Prathista
Prathista, means consecration, Rama Rao v. Venkata Ratnam, AIR 1947 PC 88: 230 IC 438: 1947 All LJ 365: 1947 All WR (PC) 25: 1947 Mad LJ 400: (1947) Mad WN 240 (PC).Consecration or setting up of an image, or a temple a ceremony performed on the completion of a house before it is inhabited; also, purification or re-consecration of an idol, house, or temple that has been polluted, Kapalavayi Kasi Raa Rao v. Kotta Venkataratnam, AIR 1947 PC 88....
Devolution issue
Devolution issue, within the meaning of paragraph 1(b) of Schedule 6 to the Act of 1998 (Scetland Act, 1998), Hoekstra v. H.M. Advocate (PC), (2000) 3 WLR 1817.May well arise in advance of or every porsibility in the course of a criminal trial under some other provision of the Convention, Montogomery v. H.M. Advocate (PC), (2001) 2 WLR 779.shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to frivolous or vexatious, Montogomery v. H.M. Advocate (PC), (2001) 2 WLR 779....
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
Cruel and unusual treatment
Cruel and unusual treatment, contrary to s. (5) 2(b) of the constitution of offer a condemned man the possibility of obtaining an international determina-tion material to the question of commutation, but then to improve arbitrary restriction which prevent him having a reasonable opportunity to obtain a substantive conclusion, Briggs v. Baptiste (PC), (2000) 2 AC LR 40.No cruel and unusual punishment should be inflicted therefore in itself prevents hanging being adopted as the method of execution for the reasons which he (accused) has put forward and nothing in the constitution invalidates that existing law, Boodram v. Baptiste (PC), (1991) 1 WLR 1711 [Bill of Rights, 1689 (UK)....
Due process of law
Due process of law, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCR 88. [Constitution of India, Art. 21]It embraces the fundamental concept of a fair trial, with opportunity to be heard, Thomas v. Baptiste (PC), (1999) 3 WLR 249.Is a concept adopted by the American Constitution the process of law which hears before it condemns; judiciary can declare a law bad, if it is not in accordance with due process even though the legislation may be within the competence of the legislature concerned, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.Is a standard which determines the contents of 'due process' is the fundamental principle of liberty and justice, the essentials of a fair trial, the fundamental fairness etc., , Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.It has a procedural and substantive meaning, the requirements of procedural due process are public trial, not vitiated by pressure from any mob, impartial ...
Erroneous in point of law
Erroneous in point of law, connotes a situation where the trial Judge falls into error in any aspect of the case before him which calls for his deter-mination, State of Trinidad and Tobago v. Boyce (PC), (2006) 2 WLR 284: (2006) UKPC 1: (2006) 2 LR 76 (PC) (AC)....
In the whole
In the whole, 'in the whole' in the context means taking all the items of maintenance together, not all the members of the family put together, Captain Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807 (1811): (1978) 4 SCC 70: (1978) 3 SCR 782. [Criminal PC, 1973, s. 125]The expression 'in the whole' means taking all the items of maintenance together not all the members of the family put together, Ramesh Chander v. Veena Kaushal, AIR 1978 SC 1807 (1811). (Criminal PC, 1973, s. 125)...
Judicial power
Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
Living in adultery
Living in adultery, means a continuous course of adulterous relationship as distinguished from 'one or two lapses from virtue, Rajni v. Prabhakar, AIR 1950 Bom 204.No wife shall be entitled to receive an allowance from her husband under section 125, Cr PC if she is living in adultery see (s. 125(4), Cr PC, 1973, a continuous course of adulterous life as distinguished from one or two lapses from virtue, Rajani Prabhakar Lokur v. Prabhakar Raghavendra Lokur, AIR 1958 Bom 264....
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