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Proviso, Trial by

Matched in: Term Proviso, Trial by

Criminal Evidence Act

Justice Act, 1925 s. 12, replacing (English) Inictable Offences Act, 1848, s. 18, directs that before commitment for trial (see ACCUSED PERSON and COMMITMENT) justices of the peace beore whom a personis charged with an offence must … 'Proceedings' do not include the inquiry before the grand jury, R. v. Rhodes, 1899 (1) QB 77. Eight provisos follows, to the following effect:-- (a) The person charged is not to be called except on his own

Order-on-default

Order-on-default, an order for release on bail under proviso (a) of s. 167(2) of the Code read with s. 20(4) of TADA is generally termed as an … TADA is generally termed as an 'order-on-default' as it is granted on account of the default of the prosecution to complete the investigation and file the challan within the prescribed period, Hitendra Vishnu Thakur v. State of

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Usual Covenants

is not: see Hampshire v. Wickens, (1878) 7 Ch D 555; Re Lander, (1892) 3 Ch 41. A proviso for re-entry on breach of covenants generally is not 'usual,' but a proviso for re-entry on breach of … a phrase in the Common Law practice, which meant pleading issuably, rejoining gratis, and taking short notice of trial. When a defendant obtained further time to plead, these were the terms usually imposed. The phrase is often

Bail

is the nidus of the law of bail. S. 436 of the Code speaks of bail but the proviso makes a contradistinction between 'bail' and 'own bond without sureties'. Even here there is an ambiguity, because even … and 216. Bail in criminal cases is given for the appearance of the party bailed to take his trial to attend a further examination of a charge against him. In all cases of felony, and in certain

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