Trial Commences - Law Dictionary Search Results
Home Dictionary Name: trial commences Page: 3Legal proceedings
Legal proceedings, do not in their ordinary sense at first suggest the commencement of an arbitration. To refer to a person as having commenced legal proceedings does not obviously suggest that an arbitration has been commenced, even although its purpose is to obtain an award as to the relevant legal rights of the parties. Legal proceedings in the ordinary sense of the phrase more obviously refers to proceedings in a court of law, ICL Shipping Ltd. v. Chin Thai Steel Enterprise Co. Ltd. (QBD), (2004) 1 WLR 2254.Means any civil or criminal proceeding or enquiry in which evidence is, or may be given; includes an arbitration, Stroud's Judicial Dictionary, Vol. 2, p. 1439.Means steps or measures adopted in the prosecution or defence of an action, A Dictionary of Law, Willium C. Anderson, 1889, p. 816....
Investigation
Investigation, s. 4(1) of the Code of Criminal Proce-dure, 1898 defines 'investigation' as to include all the proceedings under that Code for the collection of evidence conducted by the police officer or other persons other than a Magistrate in this behalf. Under the Code 'investigation consists generally of the following steps: (i) proceeding to the spot; (ii) ascertainment of the facts and circumstances of the case; (iii) discovery and arrest of the suspected offender; (iv) collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b) the search of places of seizure of things considered necessary for the investigation and to be produced at the trial; and (v) formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessar...
Interlocutory order
Interlocutory order, it has to be construed in con-tradiction to or in contrast with final order. It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule 6, CPC, 1908)The term 'interlocutory order' in S. 397(2) of the 1973 Code (Cr. P.C.) has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 ...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
Payment of Money into Court
Payment of Money into Court, i.e., the deposit of money with the official of or banker to the Court for the purpose of proceedings commenced in that Court. Payment into Court is not strictly a defence; it is rather an attempt at a compromise. No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery false imprisonment, libel, slander, malicious arrest or prosecution or seduction) might pay into Court a sum of money by way of compensation or amends, and by the Libel Act, 1843, money might be paid into Court in actions of libel, but this provision was repealed by the (English) Statute Law Revision Act, 1879.Payment into court is now regulated by (English) R.S.C. 1883, Ord. XXII, by which, where any action is brought to recover a debt or damages, any defendant may, before or at the time of delivering his defence, or by leave of the Court or a ...
Supreme Court of Judicature
Supreme Court of Judicature. By Judicature Act, 1925, s. 1, there shall be a Supreme Court of Judicature in England consisting of His Majesty's High Court of Justice (referred to as the High Court), and His Majesty's Court of Appeal (referred to as the Court of Appeal).Formerly, by the (English) Supreme Court of Judicature Act, 1873, ss. 3 and 4 (amended by (English) Jud. Act, 1875, s. 9), it was enacted that from the commencement of that Act (November 1, 1875: see Judicature Act, 1875, s. 2) the court of Chancery of England, the Court of Queen's Bench, the Court of Common Pleas at Westminster, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court for Divorce and Matrimonial Causes, should be united and consolidated together, and should constitute one Supreme Court of Judicature in England; the said Supreme Court to consist of two permanent Divisions, being 'Her (now His) Majesty's High Court of Justice' and 'Her (now His) Majesty's Court of Appeal.'S...
Sunday
Sunday [fr. sunnan daeg, Sax., the day of the sun], the first day of the week, the Lord's Day, termed in the Sunday Observance Act, 1677 (29 Car. 2, c. 7, infra), 'the Lord's Day, commonly called Sunday.' It is a dies non juridicus, but an arrest for crime can be effected on this day; and bail can arrest their principal, and a sergeant-at-arms can apprehend; but no other law proceedings can be taken. By the Sunday Observance Act, 1677, it is enacted that:-No tradesmen, artificers, workmen, labourers, or other person whatsoever shall do or exercise any worldly labour, business, or work of their ordinary callings [barbers are not within the enactment: Palmer v. Snow, (1900) 1 QB 725] upon the Lord's Day, or any part thereof (works of necessity and charity only excepted).The (English) Hairdressers and Barbers Shops (Sunday Closing) Act, 1930 (20 & 21 Geo. 5, c. 35), prohibits opening on Sundays (Jewish hairdressers may open on Sunday but must close on Saturday).The (English) Shops (Sunday...
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
Process
Process, includes any practice, treatment and mode of manufacture of any article. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2(o)]Is largely taken for all the proceedings in any action or prosecution, real or personal, civil or criminal, from the beginning to the end; strictly, the summons by which one is cited into a Court, because it is the beginning or principal part thereof, by which the rest is directed, Britt. 138.At Common Law the three superior courts at Westminster, in personal actions, differed greatly, before the Uniformity of Process Act, 1832, in their modes of process, and even the same court admitted a considerable variety of methods, according to the circumstances of the case. The ordinary process in Chancery suits was service of a copy of the bill or claim, with an endorsed citation, which required the defendant to appear on a certain day.The process now for the commencement of all actions is the same in all the Divisions of the High Court of Justice, and i...
Pending
Pending, For detailed discussion of the term 'pend-ing', see S.D. Saigal v. Vidya Vijan, AIR 1978 All 82.The word 'pending' will ordinarily mean that the matter is not concluded and the court which has cognizance of it can make an order on the matter in issue. The test is whether any proceedings can be taken in the cause before the court or tribunal where it is said to be pending. The answer is that until the case is concluded it is pending, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1128): (1971) 2 SCC 126: (1971) 3 SCR 881. [Army Act, 1950, s. 126]A legal proceeding is 'pending' as soon as commenced and until it is concluded, i.e., so long as the Court having original cognizance of it can make an order on the matters in issue, or to be dealt with, therein, Asgarali Nasarali Singparewala v. State of Bombay, AIR 1957 SC 503 (509). [Criminal Law Amendment Act (46 of 1952), s. 10]Pending, in regard to suits or proceedings for ejectments mean pending before a decree wa...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial