Physical Presence - Law Dictionary Search Results
Home Dictionary Name: physical presencephysical presence
physical presence The place where a person is actually, physically located. Source: Department of State. March 2007. ...
Presence
Presence, s. 273 provides for dispensation from personal attendance. In such cases evidence can be recorded in the presence of the pleader. The presence of the pleader is thus deemed to be presence of the accused. Thus s. 273 contemplates constructive presence. This shows that actual physical presence is not a must. This indicates that the term 'presence', as used in this s., is not used in the sense of actual physical presence. A plain reading of s. 273 does not support the restrictive meaning sought to be placed by the respondent on the word 'presence', State of Maharashtra v. Prafula B. Desai, AIR 2003 SC 2053 (2059): (2003) 4 SCC 601. (Criminal PC, 1973, s. 273)...
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
appear
appear 1 : to present oneself before a person or body having authority [to before the officer who is to take the deposition "Federal Rules of Civil Procedure Rule 37(d)"]: as a : to present oneself in court as a party to a lawsuit often through the representation of an attorney ;also : to participate as a party to a lawsuit in a way other than by physical presence (as by mail) b : to present oneself in court as the attorney for a party to a lawsuit [ing for the defendant] 2 : to have an outward look [conduct that s unethical] ...
Factum
Factum, a person's act or deed; anything stated or made certain. As to the plea of 'non est factum,' i.e. 'I never made the deed,' see Howatson v. Webb, (1907) 1 Ch 537, affd. (1908) 1 Ch 1, and the cases there cited.A fact, such as a person's physical presence in a new domicile; Black's Law Dictionary, 7th Edn., p. 613....
physical taking
physical taking : a physical invasion or occupation of private property rights by a governmental action (as building a road) that exercises the right of eminent domain and for which just compensation must be given [argued that requiring the easement constituted a physical taking] compare regulatory taking ...
physical therapy (pt)
physical therapy (pt) Many injured employees are entitled to receive physical therapy as a form of medical treatment to recover from injuries. On forms, or in medical records, you may see a reference to "PT." That is short for "physical therapy." ...
Physically
In a physical manner according to the laws of nature or physics by physical force not morally...
Physically handicapped
Physically handicapped, means a physical impair-ment or disability in vital organs of a human body. Such a deformity interferes with the normal functioning of bones, muscles or joints. Condition of being handicapped may be congenital or acquired due to accident or disease. Scar on face, torn ear with perfect hearing, torn nose with no breathing trouble amputation of toe or finger are not within purview of physically handicapped, Suresh K. Bhat v. University of Mangalore, AIR 1987 Kant 1958: (1987) 1 LR 1987 Kant 436....
joint physical custody
joint physical custody The sharing, by both parents, of the actual physical care and custody of a child. ...
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