Positive Testimony - Law Dictionary Search Results
hearing
for example by a legislature or an administrative agency, for the purpose of gathering information and hearing the testimony of witnesses. administrative hearing : a hearing conducted by an official (as an administrative law judge) or a … a dispute, and esp. a person who may be deprived of his or her rights, to present its position. A hearing, along with notice, is a fundamental part of procedural due process. Hearings are also held, as
Dangerous machinery
the machinery and every part of the mill gearing must either be securely fenced, or be in such position, or of such construction as to be equally safe to every person employed or working in the factory … as it would be if it were securely fenced. Non-compliance with this statutory duty will be prima facie evidence of negligence on the part of the employer, Groves v. Lord Wimborne, (1898) 2 QB 402. As to
Confession
due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is … and without there being any doubt in regard thereto, an order of conviction can be founded on such evidence, State of Punjab v. Gurdeep Singh, (1999) 7 SCC 714: AIR 1999 SC 3724 (3725). (Evidence Act, 1872,
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competent
that renders one incapable of taking care of oneself or one's property b : capable of understanding one's position as a criminal defendant and the nature of the criminal proceedings and able to participate in one's defense … or authority [a judge of jurisdiction "U.S. Code"] b : qualified for presentation in court : admissible as evidence or capable of giving admissible evidence [a witness] c : intelligent [a waiver]
Misprision
or accessory. Theftbote, and concealing treasure-trove, are each of them species of negative misprision, 4 Steph. Com. (2) Positive, otherwise denominated contempts of high misdemeanours, such as the mal-administration of such high officers as are in public … arrogant and undutiful behaviour towards the sovereign and government. And to endeavour to dissuade a witness from giving evidence, to dis-close an examination before the Privy Council, or to advise a prisoner to stand mute (all of
Dispute
Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the … Conciliation Act, 1996, ss. 8, 11, 34] Raised is without laying any basis or placing on record any evidence in support thereof, Canara Bank v. National Thermal Power Corportaion, (2001) 1 SCC 43. A party to a
Waiver
(1877) 3 App Cas 115. Mere lying by is no waiver for this purpose; there must be some positive act on the part of the landlord, which act, however, if done, is a waiver in law, notwithstanding
privilege
is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a … that without a claim of a need to protect military, diplomatic, or national security secrets, the need for evidence in a criminal trial will outweigh a general assertion of executive privilege. informant's privilege : the privilege of
Fraud
mislead, or to violate public or private confidence, or to injure the public interests, are equally reprehensi-ble with positive fraud, and therefore equally prohibited. Thus, to prevent injustice and shut out inducement to wrong, certain transactions are … the Courts to prescribe the limits of their equitable relief against fraud, or to define the species of evidence receivable in support of it, their decrees would be continually eluded; to afford complete protection new principles must
Passport
Dominions, Colonies or India, subject to the recommendation and identification of the applicant by a person holding certain positions, e.g., J.P., barrister, solicitor, physician. Application should be made to the Passport Office, 1, Queen Anne's Gate Buildings, … purposes; it is a 'request for protection', it is a document of identity, it is a prima facie evidence of nationality, in modern times it not only controls exit from the State to which one belongs, but
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