Wharton S Rule - Law Dictionary Search Results
Home Dictionary Name: wharton s ruleWharton's Rule
Wharton's Rule [after Francis Wharton (1820-89), American lawyer and author, who formulated it] : a rule that prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons NOTE: Wharton's Rule does not apply when legislative intent is to the contrary (as when the legislation imposes a separate punishment for conspiracy to commit a particular crime). ...
fireman's rule
fireman's rule : a doctrine holding that a property owner or occupant is not liable for unintentional injuries suffered by firefighters or police officers in responding to a problem on the property ...
Accomplice
Accomplice [fr. complice, Fr., complex, Lat., bound up with one in a project, but always in a bad sense], one concerned with another or others in the commission of a crime, Hawk. P.C. 87. An accomplice could always be called to give evidence, and by virtue of (English) Lord Denman's Act, 1843 (6 & 7 Vict. C. 85), s. 1, even though convicted, and now by virtue of the Criminal Evidence Act, 1898 (61 & 62 Vict. C. 36), s. 1, he can with his consent be called for the defence, but should he give evidence tending to incriminate his co-prisoner, such co-prisoner may cross-examine him, R. v. Hadwen, 1902 (1) KB 882; see also R. v. Rowland, 1910 (1) KB 458; R. v. Paul, 1920 (2) KB 183). See APPROVER.The word 'accomplice' has not been defined by the Evidence Act and it is generally understood that an accomplice means a guilty associate or partner in crime. An accomplice by becoming an approver becomes a prosecution witness, M. Shamsudhin v. State of Kerala, (1999) 3 SCC 351 (357): 1995 SCC (Cri)...
Reasonable doubt
Reasonable doubt, does not mean some light, airy, insubstantial doubt that may fit through the minds of any of us about almost anything at some time or other; it does not mean a doubt begotten by sympathy out of reluctance to convict; it means a real doubt, a doubt founded upon reasons, K. Gopal Reddy v. State of Andhra Pradesh, AIR 1979 SC 387 (391): (1979) 2 SCR 363: (1979) 1 SCC 355.The doubt that prevents one from being firmly convinced of a defendant's guilt, or the belief that there is a real possibility that a defendant is not guilty, Black's Law Dictionary, 7th Edn., p. 1272.If a reasonable doubt arises in the mind of the court after taking into consideration the entire material before it regarding the complicity of the accused the benefit of such doubt should be given to the accused but the reasonable doubt should be a real and substantial one and a 'well founded actual doubt arising out of the evidence existing after consideration of all the evidenced. 'Hence a mere whim or a...
Rules of Court
Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
Rule
Rule, is made in exercise of a power conferred by any enactment; also includes a regulation made as a rule under any enactment. [General Clauses Act, 1897, s. 3(51)]Rule, made under an Act having statutory force, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 539.Means an order or directive issued by a court in a particular proceeding especially upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed, People v. District Court, 797 P 2d 1259 (1990).Rule, under clause [51] of s. 3 of the General Clauses Act, 1897 'rule' means a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment, Sukhdev Singh v. BhagatramSardar Singh Raghuvanshi, AIR 1975 SC 1331: (1975) 1 SCC 421: (1975) 3 SCR 619.Rule shall means a rule made in exercise of a power conferred by any enactment and shall include a regulatio...
Rules
Rules, Means the rules made under this Act, The Gujarat Special Economic Zone Act, 2004, s. 2(m).Means the rules made under this Act, The Gujarat Value Added Tax Act, 2003, s. 2(22).Means the rules made under this Act, The Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(s).Means the rules made under this Act, The Maharashtra Value Added Tax Act, 2002, s. 2(23).Means the rules made under this Act, The West Bengal Value Added Tax Act, 2003, s. 2(37)....
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
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