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Adversary Proceeding - Law Dictionary Search Results

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adversary proceeding

adversary proceeding A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. Source: Administrative Office of the U.S. Courts ...


Trial

Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...


contested matter

contested matter Those matters, other than objections to claims, that are disputed but are not within the definition of an "adversary proceeding". Source: Administrative Office of the U.S. Courts ...


Administrative adjudication

Administrative adjudication, is the process by an administrative agency to issue regulations through an adversary proceeding, Black Law Dictionary, 7th Edn., p. 45....


Costs

Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...


attach

attach [Anglo-French attacher to lodge (an action in court), seize (a person or property) by legal authority, from Old French atachier to fasten, fix, alteration of estachier, from estache stake] vt 1 : to obtain a court order against (property of another person) that directs an officer of the court (as a sheriff) to seize or take control of the property compare garnish, levy NOTE: A plaintiff may attach a defendant's property as a way of obtaining jurisdiction for the purpose of bringing a lawsuit or to prevent the defendant from getting rid of property that may be needed to pay a judgment to the plaintiff. 2 : to join or make a part of [affidavits ed to the suit "Rosalind Resnick"] 3 : to create a security interest in (property) and so acquire the right to foreclose on or otherwise deal with property for payment of a debt and to exercise one's rights in the property against third parties see also security interest at interest compare perfect vi : to become effective: as a : ...


inter partes

inter partes [Latin] : between the parties [a consent decree is not simply a contract inter partes, unlike a settlement] ;specif : having or involving adverse parties [an issue of an invalid application may also arise in inter partes proceedings where an adversary raises the issue "In re Compagnie Generale Maritime, 993 F.2d 841 (1993) (dissent)"] compare ex parte ...


parens patriae

parens patriae [Latin, parent of the country] : the state in its capacity as the legal guardian of persons not sui juris and without natural guardians, as the heir to persons without natural heirs, and as the protector of all citizens unable to protect themselves [because the State is supposed to proceed in respect of the child as parens patriae and not as adversary "Kent v. United States, 383 U.S. 541 (1966)"] ...


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