Can prima facie evidence be rebutted?
A prima facie case is the establishment of a legally required rebuttable presumption. A prima facie case is a cause of action or defense that is sufficiently established by a party’s evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
What is entry of appearance? An Entry of Appearance is a legal document that says that an attorney represents one party in a case. It is a representation to the court that an attorney represents one party or the other.
What is convenience balance? v. Satyanarayan Singh[8], observed: ‘Balance of convenience’ means the comparative mischief or inconvenience to the parties. The inconvenience to the plaintiff, if temporary injunction is refused, would be balanced and compared with that to the defendant if it is granted.
Herein What is the meaning of rebuttable? To defeat, dispute, or remove the effect of the other side’s facts or arguments in a particular case or controversy. When a defendant in a lawsuit proves that the plaintiff’s allegations are not true, the defendant has thereby rebutted them.
What do you mean by double jeopardy?
1] 1.2 Meaning of Double Jeopardy. The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted. [ 2] This means that if a person is prosecuted or convicted ones cannot be punished again for that criminal act.
What does vacate the decision mean?
To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.” The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.
What Does vacating a Judgement mean? A vacated judgment is both canceled/annulled, and the judgment is also considered to have “left” the case, allowing the defendant’s attorney a chance to continue to defend on his or her behalf. Vacating a judgment can provide valuable time for negotiation in cases involving creditors and debtors.
What is case caption? Case Caption means the official title of the case. For example, Commonwealth v. Smith, Jones v. Jones, or Impounded Plaintiff v. Jones.
What is prima facie case in CPC?
Maheshkumar and Co., Ahmedabad (1995(5) SCC 545,) wherein it was held that “Prima facie case” means that the Court should be satisfied that there is a serious question to be tried at the hearing, and there is a probability of Plaintiff obtaining the relief at the conclusion of the trial on the basis of the material …
What is CPC injunction? An Injunction is a judicial process whereby a party is required to do, or refrain from doing, any act. It is the remedy in the form of an order of the court addressed to a person that either prohibits him from doing or continue to do such act.
What is mandatory injunction?
A mandatory injunction is an order that requires the defendant to act positively. A permanent injunction is permanent relief granted after a final adjudication of the parties’ legal rights. Such final relief can be prohibitive or mandatory in nature.
How do you use Rebute? Examples of rebut in a Sentence
Her lawyer attempted to rebut the witness’s testimony. Stalingrad’s defenders were finally able to rebut the besiegers, but only after a horrendous loss of life.
Is Rebute a real word?
verb (used with object), re·but·ted, re·but·ting. to refute by evidence or argument.
What does irrebuttable mean in law?
A presumption that the law does not allow to be contradicted by evidence; contrasted with rebuttable presumption .
Where did the phrase plead the Fifth come from? The term comes from the Fifth Amendment to the US Constitution, which guarantees a defendant’s right not to provide self-incriminating testimony in a criminal trial. Used colloquially, it can mean “I’d rather not answer that” for the sake of not admitting something.
What does the 5th Amendment Protect from? The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
What does taking the Fifth prevent a person from doing?
When an individual takes the Fifth, her silence or refusal to answer questions cannot be used against her in a criminal case. A prosecutor cannot argue to the jury that the defendant’s silence implies guilt.
Can a judge overturn his own ruling? Over the course of a criminal case, a judge makes many rulings on points of law. … A judge typically cannot reverse a verdict given at the conclusion of a trial but can grant a motion for a new trial in certain cases.
What is prima facie in law?
The term Prima facie is a legal term or a legal claim which is made when the prosecution has enough evidence to proceed with a trial of judgement and to prove that the defendant is guilty. The term is derived from a Latin word which means, “at first sight” or “at first view”.
What does case remanded mean? To remand something is to send it back. … When an appellate court reverses the decision of a lower court, the written decision often contains an instruction to remand the case to the lower court to be reconsidered in light of the appellate court’s ruling.
Can an ex parte order be overturned?
It shall be pertinent to note that even after passing of ex parte decree, the defendant can file an application under Order 9 Rule 13 C.P.C. to set aside the ex parte decree besides having a right to file an appeal against the ex parte decree without even seeking an order setting aside the ex parte decree.
How do you overturn a Judgement? A judgment may be overturned on an appeal, by a trial court granting a new trial, striking the judgment or correcting it. These methods are distinguished by when the losing party must request the judgment be overturned, whether an appellate or trial court makes the decision and the grounds for overturning the judgment.
ncG1vNJzZmiZlKG6orONp5ytZ5OWu2680aKkmmWWlrCqsYyeraKclaOwpnnBnmSrnZKqwbWxw2g%3D