Actions Ordinary - Law Dictionary Search Results
Home Dictionary Name: actions ordinary Page: 2Innuendo
Innuendo [fr. innuo, Lat., to nod], a word used in statements of claim, indictments, and other pleadings, to ascertain a person or thing named before, or to connect an expression with a certain person; as to say, he (innuendo-i.e., meaning the plaintiff) did so and so, 4 Rep. 17. Its ordinary use is in actions of libel and slander, where it may be defined as 'a statement by the plaintiff of the construction which he puts upon the words himself, and which he will endeavor to in due the jury to adopt at the trial' (Odgers on Libel). Where the words prima facie are not actionable, an innuendo is essential to the action (ibid.). As to interrogatories for the purpose of establishing an innuendo, see Heaton v. Goldney, (1910) 1 KB 754....
Drama
A composition in prose or poetry accommodated to action and intended to exhibit a picture of human life or to depict a series of grave or humorous actions of more than ordinary interest tending toward some striking result It is commonly designed to be spoken and represented by actors on the stage...
Collision of ships
Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...
Presumption of fact and presumption in of law
Presumption of fact and presumption in of law, presumptions are of three types: (1) Permissive presumptions or presumptions of fact. (2) Com-pelling presumptions or resumption of law (rebuttable). (3) Irrebuttable presumption of law or 'conclusive proof'. Classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of s. 4, Evidence Act. 'Presumptions of fact' are infer-ences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind, the springs of human action, the usages and habits of society and ordinary course of human affairsS. 114 is a general s. dealing with presumptions of this kind. It is not obligatory for the Court to draw a presumption of fact. In respect of such pre-sumptions, the Act allows the judge a discretion in each case to decide whether the fact which under s. 114 may be presumed has been proved by virtue of that presumption. In case of a 'Presumption of Law' no discr...
War
War. The sovereign has the sole prerogative of making war or peace.Where war actually prevails, the ordinary courts have no jurisdiction over the action of the military authorities (Ex parte D.F. Marais 1902 AC 115). See ARMY; DECLARATION OF WAR; and consult Owen's Declaration of War; Holland's Law of War on Land; Hall's International Law; Grot. De Jure Pac. et Bel.1. Hostile conflict by means of armed forces, carried on between nations, status or rulers, or sometime between parties, within the same nation or state, a period of such conflict 2. A dispute or competition between adversaries; 3. A straggle to scire a pervasive problem, Black's Law Dictionary, 7th Edn., p. 1576...
Commission
Commission, the warrant or letters-patent which all persons exercising jurisdiction, either ordinary or extraordinary, have, to authorize them to hear or determine any cause or action, or do other lawful things, as the commission of the judges, etc. there was formerly a High Commission Court founded on 1 Eliz. c. 1, but it was abolished by the Act of 16 Car. 1, c. 11, though an impotent attempt was made to re-establish it during the succeeding reign....
Chloral
A colorless oily liquid CCl3CHO of a pungent odor and harsh taste obtained by the action of chlorine upon ordinary or ethyl alcohol...
At the instance of
At the instance of, according to the plain English language, the ordinary meaning of the phrase 'at the instance of in the collocation of words 'No prosecution shall be instituted............. except at the instance of' must, in the context in which it appears mean 'at the behest of, or at the solicitation of.' The word 'instance' as a verb means 'to urge, entreat urgently, importune.' The meaning of the phrase 'at the instance of' as given in Random House Dictionary of the English Language at p. 690 is: 'at the urging or suggestion of 'Instance' does not imply the same degree of obligation to obey as does 'command'. That is also the legal sense in which the phrase 'at the instance of s. 50 of the Act has been understood. It is clear upon the terms of s. 50 that it nowhere requires that the authorization should be by a notification published in the Official Gazette, State of Karnataka v. Adimusthy, (1983) 3 SCC 268: AIR 1983 SC 822 (823). (Electricity Act, 1910, s. 50)...
Suit
Suit, a following. It is used in divers senses:-(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
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