Record Trial By - Law Dictionary Search Results
Home Dictionary Name: record trial byRecord, Trial by
Record, Trial by. If a record be asserted on one side to exist, and the opposite party deny its existence, thus, 'that there is no such record remaining in Court as alleged,' and issue be joined thereon, this is an issue of nul tiel record; and the Court awards a trial by inspection of the record. Upon this, the party affirming its existence is bound to produce it in Court on a given day; failing to do so, judgment is given for his adversary. The trial by record is the only legitimate mode of trying such issue, Steph. Plead.; 2 Chit. Arch.Prac....
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
Nisi prius record
Nisi prius record. This was an instrument in the nature of a commission to the judges at Nisi Prius for the trial of a cause, written on parchment and delivered to the officer of the Court in which the cause was to be tried. Any variance between the record and the issue should have been objected to at the time of trial, but the judges had power to amend variances. See RECORD and TRIAL....
Trial by record
Trial by record, means a trial in which one party insists that a record exists to support its claim and opposing party denies the existence of such a record, Black's Law Dictionary, 7th Edn., p. 1512...
record
record 1 : to put in a record 2 : to deposit or otherwise cause to be registered in the appropriate office as a record and notice of a title or interest in property [ a deed] [ a mortgage] see also recording act 3 : to cause (as sound, images, or data) to be registered on something in reproducible form [ a telephone conversation] vi : to record something [re-kərd] n 1 : the documentary account of something [confidential medical s]: as a : an official document that records the acts of a public body or officer b : an official copy of a document deposited with a designated officer c : the official set of papers used and generated in a proceeding [the appeals court reviewed the trial ] d : documented evidence or history of one or more arrests or convictions see also business records exception, public records exception 2 : something (as a disc or tape) on which images, sound, or data has been recorded of record 1 : on the record of the court in connection with a particul...
Proviso, Trial by
Proviso, Trial by. Where the plaintiff after issue joined did not proceed to trial when he ought to have done so, the defendant might, under the practice before the Judicature Acts, have the action tried by proviso; he might give the plaintiff notice of trial, make up the record, carry it down and enter it, and proceed to the trial as if he were proceeding as plaintiff. The right to try by proviso was expressly saved by (English) C.L.P. Act, 1852, s. 116, but a defendant seldom tried by proviso, as the better course was to take proceedings under the repealed s. 101 of the (English) C.L.P. Act, 1852; see now R.S.C. Ord. XXVII....
Record of Nisi Prius
Record of Nisi Prius, a transcript of the pleadings and issue was formerly made on parchment for the use of the Court on the trial of the action....
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
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