Prima Facie Case - Law Dictionary Search Results
Home Dictionary Name: prima facie casePrima facie case
Prima facie case, a prima facie case does not mean a case proved to the hilt but a case which can be said to be established if the evidence which is led in support of the same were believed. While determining whether a prima facie case had been made out the relevant consideration is whether on the evidence led it was possible to arrive at the conclusion in question and not whether that was the only conclusion which could be arrived at on that evidence, Mgmt of Bangalore Woollen and Cotton Silk Mills Co. Ltd. v. AIR 1960 SC 1352 (1354); see also Martin Burn Ltd. v. R.N. Banerjee, AIR 1958 SC 79 (85)....
prima facie case
prima facie case see case ...
prima facie
prima facie [Latin] : at first view : on first appearance absent other information or evidence [guidelines which would prima facie accredit new entrance examinations as nondiscriminatory "S. L. Lynch"] compare ex facie adj : sufficient to establish a fact or case unless disproved [prima facie proof] [a prima facie showing] ...
case
case [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a : a civil or criminal suit or action [the judicial power shall extend to all s, in law and equity, arising under this Constitution "U.S. Constitution art. III"] see also controversy case at bar : a case being considered by the court [the facts of the case at bar] case of first im·pres·sion : a case that presents an issue or question never before decided or considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent for future cases and esp. for pending cases involving similar or related issues or circumstances and often some of the same parties NOTE: A test case is selected from a number of cases in order to avoid a flood of litigation. All of the parties to the cases must agree to accept the outcome of the test case as bi...
prima facie evidence
prima facie evidence see evidence ...
Prima facie evidence
Prima facie evidence, that which, not being inconsis-tent with the falsity of the hypothesis, nevertheless raises such a degree of probability in its favour that it must prevail if it be credited by the jury, unless it be rebutted, or the contrary proved; conclusive evidence, on the other hand, is that which excludes, or at least tends to exclude, the possibility of the truth of any other hypothesis than the one attempted to be established....
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
Sanction and direction
Sanction and direction, an application of the mind is necessary, but there is this essential difference that in the one case there is a legal impediment to the prosecution if there be no sanction, and in the other case, there is a positive order that the prosecution should be launched. For a sanction, all that is necessary for one to be satisfied about is the existence of a prima facie case. In the case of a direction, a further element that the accused deserves to be prosecuted is involved, Rameshwar Bhartia v. State of Assam, AIR 1952 SC 405....
Clayton's case
Clayton's case. 1 Mer. 572. The rule in this case is that payments are presumed, prima facie, to be appropriated to debts in the order in which they are incurred, but see Hallett'' Estate, 13 C.D. 696, as to payments by a trustee, and s. 38, Bankruptcy Act, 1914, also APPROPRIATION OF PAYMENTS....
nonsuit
nonsuit : a judgment entered against a plaintiff for failure to prosecute a case or inability to establish a prima facie case : dismissal nonsuit vt ...
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