Allegation - Law Dictionary Search Results
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demurrer [Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay] : a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance NOTE: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction. demurrer to the evidence : a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to...
confession and avoidance
confession and avoidance : a common-law plea in which a party confesses an allegation but alleges additional facts to avoid the intended legal effect of the original allegation compare demurrer ...
Article
Article [articulus, Lat.], a complaint exhibited in the Ecclesiastical Court by way of libel. The different parts of a libel, responsive allegation, or counter allegation in the Ecclesiastical Courts.Means (as respects standardisation and marking) any substance, artificial or natural, or partly artificial or partly natural, whether raw or partly or wholly processed or manufactured. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2 (a)]An article of the Constitution. [Representation of the People Act, 1950 (43 of 1950), s. 2 (a)]Any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately. [Designs Act, 2000 (16 of 2000), s. 2 (a)]A machine is a tangible thing which can both be seen and felt and as such it answers the description of an 'article' within the meaning of s. 2(b) (iii) of the Act, Zaffar Mohd v. State of West Bengal, AIR 1976 SC 171 (172). [Drugs and Mag...
Scandal
Scandal, a report or rumour, or an action whereby one is affronted in public.Disgraceful, shameful, or degrading acts or conducts, Black's Law Dictionary, 7th Edn., p. 1345.Scandal, in pleadings, is injurious, by making the records of the court the means of perpetuating libellous and malignant slanders; and the Court, in aid of the public morals, is bound to interfere to suppress such indecencies.It is provided by (English) R.S.C. 1883, Ord. XIX., r. 27, that scandalous matter may be ordered to be struck out from any pleading, and by Ord. XXXVIII., r. 11, from affidavits.Scandal, consists in the allegation of anything which is unbecoming the dignity of the court to hear, or is contrary to decency or good manners, or which charges some person with a crime not necessary to be shown in the cause, to which may be added that any unnecessary allegation, bearing cruelly upon the moral character of an individual, is also scandalous. The matter alleged must not be only offensive, but also irrel...
Liberum tenementum
Liberum tenementum, a frank tenement or freehold. The plea of liberum tenementum, commonly pleaded by the defendant in an action of trespass, was the only case of usual occurrence in more modern practice, in which the allegation of a general freehold title in lieu of a precise allegation of title was sufficient. It was sustained by proof of any estate of freehold, whether in fee, in tail, or for life only, and whether in possession or expectant on determination of a term of years, but it did not apply to the case of a freehold estate in remainder or reversion, expectant on a particular estate of freehold, nor to copyhold tenure, Stephen on Pleading, 7th Edn. 257. Obsolete. See now PLEADING....
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
pleading
pleading 1 a : one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses ;also : a written document embodying such a declaration see also relation back b : any of the allegations, averments, claims, denials, or defenses set forth in a pleading alternative pleading : a pleading that sets out an alternative theory in support of a plaintiff's claim for relief or a defendant's defense amended pleading : a pleading that is filed to replace an original pleading and that contains matters omitted from or not known at the time of the original pleading re·spon·sive pleading [ri-spÄ n-siv-] : a pleading that directly responds to another pleading (as by denying in an answer allegations in a complaint) sham pleading : a pleading that is factually false, is not made in good faith, and that may be struck supplemental pleading : a pleading that supplem...
Land grabber
Land grabber, it is necessary to point out that it is only when a person has lawful entitlement to the land alleged to be grabbed that he cannot be brought within the mischief of the said expression. A mere prima facie bona fide claim to the land alleged to be grabbed by such a person, cannot avert being roped in within the ambit of the expression 'land grabber'. What is germane is lawful entitlement to and not a mere prima facie bona fide claim to the land alleged to be grabbed, Konda Lakshmana Bapuji v. Government of Andhra Pradesh, (2002) 3 SCC 258: AIR 2002 SC 1012 (1027). [Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, s. 2(d) & (e)]...
Extradition
Extradition, the surrender by a foreign state of a person accused of a crime to the state where it was committed, in order that he may be tried there. It is recognized as a duty, independent of treaty, by international law, but is usually the subject of treaty terminable at one year's notice. The (English) Extradition Act, 1870 (33 & 34 Vict. c. 52), 'as to the whole of His Majesty's dominions' provides (s. 2) that where an arrangement has been made with any foreign state with respect to the surrender to such state of any fugitive criminals, his Majesty may, by Order in Council, direct that this Act shall apply in the case of such foreign state. The Act, as amended by the (English) Extradition Acts, 1873, 1895, and 1906, provides for the arrangements and procedure regarding extradition, see R. v. Daye, (1908) 2 KB 333, and imposes various restrictions thereon, e.g., in regard to political offences. The (English) Extradition Act, 1932 (22 & 23 Geo. 5, c. 39), adds offences in connection...
Demurrer
Demurrer [fr. demoror, Lat.; or demorrer, Fr., to wait or stay], a pleading which admits the facts as stated in the pleading of the opponent, and referring the law arising thereon to the judgment of the Court, waits until by such judgment the Court decides whether he is bound to answer. 'The office of a demurrer is simply to state that the plaintiff has not made a sufficient case to entitle him to relief in equity', Wood v. Midgley, (1854) 5 De GM&G 44, per Turner, L.J.In civil matters this mode of pleading is abolished by R.S. C. 1883, Ord. XXV., r. 1, but subsequent rules of the same Order allow points of law raised on the pleading of any party to be disposed of before trial by order of the Court or a judge, and pleadings to be struck out if they disclose no reasonable cause of action.In criminal prosecutions a demurrer may be resorted to, when the fact as alleged is allowed to be true, but the defendant takes exception in point of law to the sufficient of the indictment or informati...
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