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abstention

abstention : the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by a state court or agency Bur·ford … of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by a state court or agency Bur·ford abstention [bər-fərd-] : an abstention grounded on

Court of record

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 … 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.,

Special case

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 & … question and to state it in the form of a special case for the judges of the superior courts as a Court of criminal appeal, and in the meantime to postpone the judgment, or respite the execution

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Act of State

Matched in: Term Act of State

Administration of justice

Administration of justice, means the right with a political community by means of the physical force of the State; the State's application of the sanction of force to the rule of right, Black Law Dictionary, 7th Edn., … justice. The expression 'administration of justice' is wide enough to include the 'powers and jurisdiction of all the courts including the High Courts except the Supreme Court, Jamshed N. Guzdar'v. State of Maharashtra, (2005) 2 SCC 591.

Advocate

BARRISTER. Means a person whose name is entered on the roll of advocates prepared and maintained by a State Bar Council under the Advocates Act, 1961. [Supreme Court Rules, 1966, s. 2(1)(a)] Means an advocate entered in … to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.). In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of

question

question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already … : a question of state law that may determine the outcome of a case pending in a federal court and that is submitted by the federal court to the state's highest court when there is no controlling

court of appeals

of lower courts: as a : an intermediate court of the U.S. federal judicial system b : a state appellate court called also court of appeal see also the Judicial System in the back matter NOTE: Not

Shall

bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719. Shall, does not always mean that an act is … section compels the conclusion that on an application by anybody other than the State Government, the State Industrial Court or a District Industrial Court may also refuse to take action, Labour Commissioner v. Burhanpur Tapti Mills Ltd.,

Criminal Appeal Act, 1907 (English)

Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) … said (House of Lords,March 27th, 1906) that in every nation in Europe, and certainly in America, there were courts of criminal appeal. The passing of this Act was probably brought about by the public concernand sensation which

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