Record - Law Dictionary Search Results
Home Dictionary Name: record Page: 2Materials on record
Materials on record, the expression 'materials on record' occurring in the Proviso, cannot be confined only to the materials which were available at the domestic enquiry. On the other hand, the 'materials on record' in the Proviso must be held to refer to materials on record before the Tribunal. They take in (1) the evidence taken by the management at the enquiry and the proceedings of the enquiry, or (2) the above evidence and in addition, any further evidence led before the Tribunal, or (3) evidence placed before the Tribunal for the first time in support of the action taken by an employer as well as the evidence adduced by the workmen contra, Workmen v. Firestone Tyre & Rubber Co. Ltd., AIR 1973 SC 1227 (1243): (1973) 1 SCC 813. [Industrial Disputes Act, 1947, s. 11A Proviso]...
criminal record
criminal record a record listing a defendant's previous arrests and convictions. A copy of the defendant's criminal record, if any, must be given to the defense upon request during discovery. Source: Federal Judicial Center ...
Mistake or an error apparent on the face of the record
Mistake or an error apparent on the face of the record, under Order 47, Rule 1, CPC a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the court to exercise its power of review under Order 47 Rule 1 CPC. In exercise of the jurisdiction under Order 47 Rule 1 CPC it is not permissible for an erroneous decision to be 'reheard and corrected'. A review petition, has a limited purpose and cannot be allowed to be 'an appeal in disguise', Parsion Devi v. Somitri Devi, (1997) 8 SCC 717 (719). (Code of Civil Procedure, 1908, Order 47, Rule 1 and s. 114...
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...
Recorder
Recorder, in municipal boroughs having a separate Court of Quarter Sessions, a barrister of five years' standing at least, appointed by the Crown, holding office during good behaviour, and receiving 'such yearly salary not exceeding that stated in the petition on which the grant of a separate Court of Quarter Sessions was made,' as the sovereign directs. He is sole judge of the Court of Quarter Sessions, 'having cognizance of all crimes, offences, and matters cognizable by Courts of Quarter Sessions in England,' except that he may not grant licences or hear licensing appeals under the Intoxicating Liquor Licensing Acts, or levy rates (Municipal Corporations Act, 1882, ss. 162, 165). He may appoint as 'deputy recorder' a barrister of five years' standing, in case of sickness or unavoidable absence, and an 'assistant recorder' if it appears that the Quarter Sessions are likely to last more than three days (ibid., s. 168), as amended by the Summary Jurisdiction (Appeals) Act (23 & 24 Geo....
Records
Records, creating agency includes--(i) in relation to the State Government, any Department of Mantralaya or office of the State Government;(ii) in relation to the local authority or any statutory body or corporation wholly or substantially controlled or financed by the State Government or Commission or any committee constituted by the State Government, the office of the said local authority, statutory body, corporation, commission or committee. [Maharashtra Public Records Act, 2005, s. 2(h)]Records, include the records maintained in the form of books or stored in a computer or such other form as may be prescribed. [Prevention of Money-Laundering Act, 2002 (15 of 2003), s. 2(1) (w)]...
Monstrans de faits ou records
Monstrans de faits ou records (showing of deeds or records).Upon an action brought upon an obligation, after the plaintiff had declared he ought to have shown his obligation, and so also of records. Monstrans de faits differed from oyer de faits in that he who leaded the deed or record, or declared upon it, ought to have shown it, and the defendant might demand oyer of the same....
public record information
public record information Court records of events that are a matter of public interest such as credit, bankruptcy, foreclosure and tax liens. The presence of public record information on a credit report is regarded negatively by creditors. Source: U.S. Department of Housing and Urban Development ...
Remittitur of record
Remittitur of record. Formerly, when a writ of error in the Exchequer Chamber abated or was discontinued, the transcript must have been remitted, and a remittitur entered, before a defendant could sue out execution; but this was afterwards unnecessary, for the record remained in the court below, and execution was therefore, in all cases, issued out of that court, H.T. 4 Wm. 4, r. 16....
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