Prejudice - Law Dictionary Search Results
Home Dictionary Name: prejudiceWithout prejudice
Without prejudice, a phrase used in offers, in order to guard against any waiver of right; also for the purposes of negotiating a compromise. See PRE-JUDICE, WITHOUT.With loss of all rights; in a way that finally disposes of party's claim and bars any future action on the claim, Black's Law Dictionary, 7th Edn., p. 1596.The expression 'without prejudice' means; (1) that the matter had not been decided on merits, and (2) that fresh proceedings according to law were not barred, Superintendent (Tech. I) Central Excise v. Pratap Rai, AIR 1978 SC 1244 (1246): (1978) 3 SCC 113: (1978) 3 SCR 729; I.D.D., Jabalpur v. Pratap Rai, 1978 SC 1244 (1246).The classic definition of the phrase is contained in the judgment of Lindley, L.J. in Walker v. Wilsher, 1889 (23) QBD 337.What is the meaning of the words 'without pre-judice'? I think they mean without prejudice to the position of the writer of the letter if the terms he proposes are not accepted. If the terms proposed in the letter are accepted a...
prejudice
prejudice [Old French, from Latin praejudicium previous judgment, damage, from prae- before + judicium judgment] 1 : injury or detriment to one's legal rights or claims (as from the action of another): as a : substantial impairment of a defendant's ability to defend [the court found no to the defendant by the lengthy delay in bringing charges] b : tendency for a decision on an improper basis (as past conduct) by a trier of fact [whether an ex parte communication to a deliberating jury resulted in any reasonable possibility of to the defendant "National Law Journal"] c : implied waiver of rights and privileges not explicitly retained [District Court erred in attaching to prisoner's complaint for injunctive relief "National Law Journal"] 2 : a final and binding decision (as an adjudication on the merits) that bars further prosecution of the same cause of action or motion [dismisses this case with ] [the dismissal was without ] 3 a : an irrational attitude of hostility directed a...
Prejudice, without
Prejudice, without, is a term given to overtures and communications between parties in the course of negotiate on, or between litigants before action or after action, but before trial or verdict. The words import an understanding that if the negotiation fails, nothing that has passed shall be taken advantage of thereafter; so, if a defendant offer, 'without prejudice,' to pay half the claim, the plaintiff must not rely on the offer as an admission of his having a right to some payment.The rule is that nothing written or said 'without prejudice' can be considered at the trial without the consent of both parties--not even by a judge in determining whether or not there is good cause for depriving a successful litigant of costs, Walker v. Wilsher, (1889) 23 QBD 335; Hulton v. Chadwick, 35 TLR 620. There must, however, be an existing dispute for the rule to apply [Re Daintrey, (1893) 2 QB 116]. The word is also frequently used without the foregoing implications in statutes and inter partes ...
cancelled without prejudice
cancelled without prejudice A stamp an embassy or consulate puts on a visa when there is a mistake in the visa or the visa is a duplicate visa (two of the same kind). It does not affect the validity of other visas in the passport. It does not mean that the passport holder will not get another visa. Source: Department of State. March 2007. ...
Prejudicant
Influenced by prejudice biased...
In addition and without prejudice to any powers
In addition and without prejudice to any powers, in s. 14 of the Official Secrets Act 1923, is merely an enabling and not a barring provision and it reserves the inherent powers of the court to exclude the public from the proceedings if the court is of the opinion that it is just and expedient to do so, Superintendent and Remembrancer of Legal Affairs v. Satyen Bhowmick, AIR 1981 SC 917: (1981) 2 SCC 109: (1981) 2 SCR 661....
Without prejudice to the generality of the provisions of sub-s. (1)
Without prejudice to the generality of the provisions of sub-s. (1), it is well-settled that when this expression is used anything contained in the provisions following this expression is not intended to cut down the generality of the meaning of the preceding provision, King-Emperor v. Sibnath Banerji, 1945 FCR 195: AIR 1945 PC 156; Shiv Kirpal Singh v. V.V. Giri, AIR 1970 SC 2097 (2112): (1970) 2 SCC 567. (Indian Penal Code, s. 171c)...
Criminal contempt
Criminal contempt, any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in the administration of justice may, however, be publicly or privately criticised, provided that the criticism is fair and temperate and made in good faith. The absence of any intention to refer to a Court is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3]Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition of 'criminal contempt' which had previously been crystallised by judicial decisions. It defines 'criminal contempt' to mean publication of any matter, or the doing of any other act which(i) scandalises or tends to sca...
Fair trial
Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or th...
recuse
recuse re·cused re·cus·ing [Anglo-French recuser to refuse, from Middle French, from Latin recusare, from re- back + causari to give a reason, from causa cause, reason] 1 : to challenge or object to (as a judge) as having prejudice or a conflict of interest 2 : to disqualify (as oneself or another judge or official) for a proceeding by a judicial act because of prejudice or conflict of interest [an order recusing the district attorney from any proceeding may be appealed by the district attorney or the Attorney General "California Penal Code"] re·cuse·ment n ...
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