Special Finding - Law Dictionary Search Results
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Special finding
Special finding, of a jury, and amendment to variance. See (English) R.S.C. 1883, Ord. XXVIII., r. 1, and Ord. XXXVI., r. 41...
Special verdict
Special verdict, a special finding of the facts of the case, leaving to the Court the application of thelaw to the facts thus found. See (English) R.S.C. 1883, Ord. XXVIII., r. 1, and Ord. XXXVI., r. 41. For instance of special verdict in a criminal case (which is very rare), see Reg. v. Dudley, (1884) 14 QBD 273, and NECESSITY (HOMICIDE BY)....
Special case
Special case. By (English) R.S.C. 1883, Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to the Court or a judge that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or judge may make an ordr accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case, or in such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & 23 Geo. 5, c. 55). As to special case before the Judicature Acts, see (English) C.L.P. Act, 1852, ss. 42-48, and 13 & 14 Vict. c. 35 [(English) Turner's Act]. Where ...
Inquisition
Inquisition, inquiry, inquest; the finding of a tribunal charged to inquire. The three best known inquisitions are:-1. A coroner's inquisition, which is [see (English) Coroners Act,1887, s. 4, sub-s. 3] a certificate of the verdict of the jury, 'setting forth, so far as such particulars have been proved to them, who the deceased was, and how, when, and where the deceased came by his death; and if he came by his death by murder or manslaughter, the persons, if any, whom the jury find to have been guilty of such murder or manslaughter, or of being accessories before the fact to such murder.' The inquisition must be signed by the jurors. A form is given in the Third Schedule of the (English) Coroners Rules, 1927 (S.R. & O. 1927, No. 344/L. 13). See also CORONER.2. Inquisition as to lunacy, which is an inquiry directed by the judge in lunacy, as to whether a person is of unsound mind and incapable of managing his affairs. It is held before a jury, if the person alleged to be of unsound min...
Special reason
Special reason, means yet another consequence would be that if any public servant succeeds in protracting the criminal proceedings to the stage of superannuation he can also claim the benefit of special reasons, if the High Court's reasoning is to be accepted. We find the High Court's approach not only erroneous but pernicious, and therefore, impermissible in law. Such a ground cannot by any stretch of imagination be treated as 'special reason', Jagjeevan Prasad v. State of Madhya Pradesh, (2000) 8 SCC 22: 2000 SCC (Cri) 1450....
finding
finding : a determination resulting from judicial or administrative examination or inquiry (as at trial) esp. into matters of fact as embodied in the verdict of a jury or decision of a court, referee, or administrative body or officer ;also, usu pl : a written statement of such determinations see also factfinding compare decision, holding, opinion, ruling finding of fact : a determination made by the trier of fact as to a factual issue based on the evidence presented in a case NOTE: Conclusions of law are based on findings of fact. finding of law : a court's determination of the law as applied to a case : conclusion of law gen·er·al finding : a finding that the facts in general support a judgment in favor of one of the parties spe·cial finding : a finding setting out the ultimate facts upon which the court's judgment is based ...
Finding mains holding
Finding mains holding, a court properly has find-ings of fact and holdings or conclusions of law. The writer of the following sentence observed the distinctions meticulously. Because we find that the jury's finding of concurrent fault is amply supported by the evidence, we hold that appellee is entitled to full indemnity.In appellate courts, properly, only holding are affirmed, whereas factual findings are disturbed only when clearly erroneous, against the great weight of the evidence, etc., depending on the standard of review. Generally, it is not correct for an appellate Court to say that it affirms a finding of fact, Uttam Singh Duggal & Sons. v. Union of India, AIR 2002 Del 471....
Finding
Finding, the word 'finding', will only cover material questions which arise in a particular case for decision by the authority hearing the case or the appeal which, being necessary for passing the final order or giving the final decision in the appeal, has been the subject of controversy between the interested parties or on which the parties con-cerned have been given a hearing, C.I.T. v. Vadle Pulliah, AIR 1973 SC 2434 (2436). [Income Tax Act, 1922 s. 34(3), Second Proviso] I.T.O. v. Murlidhar Bhagwandas, AIR 1965 SC 342: (1964) 6 SCR 411.The expression 'finding' means a finding necessary for giving relief in respect of the assessment for the year in question and, therefore, no decision can be said to be a finding within the meaning of this provision unless it can be said of it that it was necessary for the disposal of the appeal or proceeding, Commissioner of Income Tax v. S. Raghubir Singh Trust Through Chairman Major Harjender Singh, AIR 1980 SC 98: (1980) 2 SCC 212.Means the year ...
Finding and direction
Finding and direction, The expression 'finding' and 'direction' are limited in meaning A finding given in an appeal, revision or reference arising out of an assessment must be a finding necessary for the disposal of the particular case, that it to say, in respect of the particular assessee and in relation to the particular assessment year. To be a necessary finding, it must be directly involved in the disposal of the case, Rajinder Nath v. C.I.T., AIR 1979 SC 1933 (1934): (1979) 4 SCC 282: (1980) 1 SCR 272. [Income Tax Act, 1961, s. 153(3)(ii)]...
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