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Materials on record

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

Cognizance

the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi

speculate

of gain ;esp : to buy or sell in expectation of profiting from market fluctuations vt : to take to be true on the basis of insufficient evidence spec·u·la·tor [-lā-tər] n

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Notes, Judge's

Notes, Judge's. a judge usually takes notes of the viva voce evidence given during the trial of an action, and these are in practice

Presume

upon probable evidence'. In Shorter Oxford English Dictionary it has been mentioned that in law 'presume' means 'to take as proved until evidence to the contrary is forthcoming', Stroud's Legal Dictionary has quoted in this context a

Privileged communication

Privileged communication, a communication which a witness cannot be compelled to divulge, such as that which takes place between husband and wife (see the (English) Evidence Amendment Act, 1853 (16 & 17 Vict. c. 83),

Allegans suam turpitudinem non est audiendus

in England; and it is doubtful whether it ever was. See Best on Evidence. But a person cannot take advantage of his own wrong, and in equity, the maxim holds good that he who comes into equity

Oath

of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of

Kissing the book

practice having been for the witness only to place his hand on the New Testament in order to take the 'corporal oath' (see that title, and see Best on Evidence, 9th Edn., at p. 147). The practice

Solicitor

Act. By s. 1 a solicitor is to practise five years before taking an articled clerk; (s. 2) evidence of character and suitability to be furnished by persons entering into articles; (s. 4) fee payable on registration … unless the articled clerk has been a barrister or a Scotch solicitor, or has passed certain examinations or taken certain degrees at certain universities, when the period may be reduced to three or four years (see Schedule

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