Testimonial Compulsion - Law Dictionary Search Results
Home Dictionary Name: testimonial compulsionTestimonial compulsion
Testimonial compulsion, connotes coercion which produces the positive volitional evidentiary acts of the person, as opposed to the negative attitude of silence or submission on his part, Subedar v. State, AIR 1957 All 396: 1957 All LJ 263...
Witness
Witness, is a person who testifies in a court, Webster Random House Dictionary, p. 1680.Witness, one who gives evidence in a cause.1. One who sees, knows, or vouches for something2. One who gives testimony, under oath or affirmation, Black's Law Dictionary, 7th Edn., p. 1596.A witness must attend in court according to the requirement of his subp'na. If he has not been paid his lawful expenses, he may refuse to be sworn; but if he be once sworn, he must give his evidence. See OATH and AFFIRMATION.In civil cases, as a rule, husband and wife are competent and compellable witnesses against each other [Evidence Amendment Act, 1853 (16 & 17 Vict. c. 83), s. 1], but husbands and wives are not compellable to disclose communications between each other (s. 3 ibid.). As to criminal cases, see Criminal Evidence Act, 1898, as amended, and that title.A witness is not obliged to answer any question which tends to criminate him.On the application of either party, all the witnesses on both sides are or...
May be accepted as evidence
May be accepted as evidence, indicate that there is no compulsion on the court to accept such transaction as evidence, but it is open to the court to treat them as evidence. Merely accepting them as evidence does not mean that the court is bound to treat them as reliable evidence, Land Acquisition Officer & Mandal Revenue Officer v. V. Narasaiah, (2001) 3 SCC 530....
May presume and shall presume
May presume and shall presume, The expressions 'may presume' and 'shall presume' are defined in s. 4 of the Evidence Act. The presumptions falling under the former category are compendiously known as 'factual presumptions' or 'discretionary presumptions' and those falling under the latter as 'legal presumptions' or 'compulsory presumptions'. When the expression 'shall be presumed' is employed in s. 20(1) of the Act it must have the same import of compulsion, M. Narsinga Rao v. State of A.P., AIR 2001 SC 318 (321): (2001) 1 SCC 691 [Indian Evidence Act, 1872, s. 4]...
privilege
privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...
Collusion
Collusion [fr. collusio, Lat., fr. colludo, to unite in the same play or game, and thus to unite for the purposes of fraud or deception], an agreement or compact between two or more persons to do some act in order to prejudice a third person, or for some improper purpose. Collusion in judicial proceedings is a secret agreement between two persons that the one should institute a suit against the other, in order to obtain the decision of a judicial tribunal for some sinister purpose, and appears to be of two kinds: (1) When the facts put forward as the foundation of the sentence of the Court do not exist; (2) When they exist, but have been corruptly preconcerted for the express purpose of obtaining the sentence. In either case the judgment obtained by such collusion is a nullity. See Duchess of Kingston's case, (1776) 2 Sm. L.C. Collusion between the petitioner and either of the respondents in presenting or prosecuting a suit for dissolution of marriage is a bar to such suit by the Judic...
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