Personal Knowledge - Law Dictionary Search Results
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knowledge
knowledge 1 a : awareness or understanding esp. of an act, a fact, or the truth : actual knowledge in this entry b : awareness that a fact or circumstance probably exists ; broadly : constructive knowledge in this entry see also scienter, willful blindness NOTE: Knowledge fundamentally differs from intent in being grounded in awareness rather than purpose. ac·tu·al knowledge 1 : direct and clear awareness (as of a fact or condition) [the bank had actual knowledge that the name and account number referred to different persons] 2 : awareness of such information as would cause a reasonable person to inquire further ; specif : such awareness considered as a timely and sufficient substitute for actual notice (as of a work-related injury or of a bankruptcy proceeding) [ruled that the employer did not have actual notice or actual knowledge within 90 days] con·struc·tive knowledge : knowledge (as of a condition or fact) that one using ordinary care or diligenc...
Knowledge
Knowledge, 'knowledge' is an awareness on the part of the person concerned indicating his state of mind. 'Reason to believe' is another facet of the state of mind. 'Knowledge' will be slightly on a higher plane than 'reason to believe'. A person can be supposed to know where there is a direct appeal to his senses and a person is presumed to have a reason to believe if he has sufficient cause to believe the same, Joti Parshad v. State of Haryana, AIR 1993 SC 1167 (1169): (1993) Supp 2 SCC 497.A state of mind entertained by a person with regard to existing facts which he has himself observed, or the existence of which has been communicated to him by persons whose veracity he has no reason to doubt, Emperor v. Zamin, AIR 1932 Oudh 28.Knowledge be inferred from the circumstances of the case, Emperor v. Maturanath De, AIR 1932 Cal 850.Knowledge is an awareness on the part of the person concerned indicating his state of mind, A.S. Krishnan v. State of Kerala, AIR 2004 SC 3229.Is the fact or ...
Intention and knowledge
Intention and knowledge, 'intention' is different from 'motive' or 'ignorance' or 'negligence'. It is the 'knowledge' or 'intention' with which the act is done that makes difference. The knowledge of the consequences which may result in doing an act is not the same thing as the intention that such con-sequences should ensue. Firstly, when an act is done by a person, it is presumed that he must have been aware that certain specified harmful con-sequences would or could follow. But that know-ledge is bare awareness and not the same thing as intention that such consequences should ensue. As compared to 'knowledge', 'intention' requires something more than the mere foresight of the con-sequences, namely the purposeful doing of a thing to achieve a particular end. The 'knowledge' as contrasted with 'intention' signify a state of mental realisation with the bare state of conscious awareness of certain facts in which human mind remains supine or inactive. On the other hand, 'intention' is a c...
testimony
testimony pl: -nies [Latin testimonium, from testis witness] : evidence furnished by a witness under oath or affirmation and either orally or in an affidavit or deposition former testimony : testimony that a witness gives at a different proceeding (as another hearing or a deposition) NOTE: Under Federal Rule of Evidence 804, former testimony is admissible as an exception to the hearsay rule when the declarant is unavailable and if a predecessor in interest in a civil proceeding or the party against whom the testimony is offered had an opportunity and similar motive to develop the testimony. negative testimony : testimony concerning what did not happen ;esp : testimony concerning what one did not perceive [negative testimony that the witness did not hear a train whistle] NOTE: Negative testimony is sometimes accorded the same weight as positive testimony when the witness was in a position to perceive something and was eagerly attentive. opinion testimony : testimony relaying o...
Belief
Assent to a proposition or affirmation or the acceptance of a fact opinion or assertion as real or true without immediate personal knowledge reliance upon word or testimony partial or full assurance without positive knowledge or absolute certainty persuasion conviction confidence as belief of a witness the belief of our senses...
Carnal knowledge
Carnal knowledge. As to meaning, see (English) Offences against the Person Act, 1861, s. 63; R. v. Marsden, 1891 (2) QB 149, and R. v. Russen, (1777) 1 East, PC 438. See tits. RAPE; ABUSING CHILDREN.Means the penetration to any, the slightest degree of male organ of generation, Dinesh v. State of Rajasthan, AIR 2006 SC 1267 [Indian Penal Code, s. 376]...
Knowledge of the decree
Knowledge of the decree, the expression 'knowledge of the decree' in Art. 164 means knowledge of the particular decree which is sought to be set aside. When the summons was not duly served, limitation under Art. 164 does not start running against the defendant because he has received some vague information that some decree has been passed against him. It is a question of fact in each case whether the information conveyed to the defendant is insufficient to impute to him knowledge of the decree within the meaning of Art. 164. The test of the sufficiency is not what the information would mean to a stranger, but what it meant to the defendant in the light of his previous dealings with the plaintiff and the facts and circumstances known to him. If from the information conveyed to him the defendant has knowledge of the decree sought to be set aside, time begins to run against him under Art. 164. It is not necessary that a copy of the decree should be served on the defendant. It is sufficien...
carnal knowledge
carnal knowledge : an act of esp. illegal sexual intercourse [whoever has carnal knowledge of a female forcibly and against her will "District of Columbia Code Annotated"] ;also : the crime of committing such an act [was charged with carnal knowledge of a juvenile] see also rape NOTE: Carnal knowledge is sometimes an element of the statutory definition of rape in addition to being a separate offense. ...
Intent and knowledge
Intent and knowledge, 'intent' and 'knowledge' in the ingredients of s. 299 of the Indian Penal Code postulate the existence of positive mental attitude and this mental condition is the special mens rea necessary for the offence, Jayaraj v. State of Tamil Nadu, AIR 1976 SC 1519 (1524): (1976) 2 SCC 788.Knowledge in s. 304, Indian Penal Code, Part II is the knowledge of likelihood of death and the common intention is with regard to the criminal act, Afrahim Sheikh v. State of West Bengal, AIR 1964 SC 1263 (1268): (1964) 6 SCR 172....
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