Allegation - Law Dictionary Search Results
Home Dictionary Name: allegation Page: 5Traverse
Traverse, means a formal detail of a factual allegations made in the opposing party's pleading, Black's Law Dictionary, 7th Edn., p. 1406.Traverse, the denial of some matter of fact alleged in a pleading, whether in an action or in criminal prosecutions. See PLEADING; STATEMENT OF DEFENCE.Means one who traverses or denies a pleading, Black's Law Dictionary, 7th Edn., p. 1507....
Tender
Tender, means an unconditional offer of money or performance to satisfy a debt or obligation, Black's Law Dictionary, 7th Edn., p. 1479.Tender, offer; proposal for acceptance.1. An unconditional offer of money or performance to satisfy a debt or obligation2. Something unconditionally offered to satisfy a debt or obligation3. An offer or bid put forward for acceptance, Black's Law Dictionary, 7th Edn., p. 1479.A tender of satisfaction is allowed to be made inmost actions for money demands. It need not be made by the debtor personally to the creditor personally; it may be made through an authorized agent, and a tender to one of several joint creditors is sufficient. A tender must be absolute and unconditional, and the money must be actually produced at the time of the tender, unless that be dispensed with by the creditor; but a tender under protest is good in law, so long as no condition is imposed, Greenwood v. Sutcliffe, (1892) 1 Ch 1 CA.If a defence set up tender, the money alleged to...
Sufficiency of evidence
Sufficiency of evidence, postulates existence of some evidence which links the charged officer with the misconduct alleged against him. Evidence, however, voluminous it may be, which is neither relevant in abroad sense nor establishes any nexus between the alleged misconduct and the charged officer, is no evidence in law. The mere fact that the enquiry officer has noted in his report, 'in view of oral, documentary and circumstantial evidence as adduced in the enquiry', would not in principle satisfy the rule of sufficiently of evidence, Sher Bahadur v. Union of India, AIR 2002 SC 3030 (3031): (2002) 7 SCC 142. [Railway Services (Conduct) Rules, 1966, R. 3(1)(i)(ii) & (iii) Railway Servants (D&A) Rules, 1968 R. 6(vii) to (ix)]...
Trespass to land
Trespass to land. For trespass by entry or user of land without right or beyond the limits of a right, no damage need be proved (see also AB INITIO and DAMAGE FEASANT). Trespass by occupation of land is a continuing damage which is actionable from day to day so long as the trespassing person or object remains on the land, but see SUPPORT, and cases cited under that title. The plaintiff must show that he was in possession at the time of the alleged trespass, not merely a right of the alleged trespass, not merely a right of possession or infringement of a licence, but having entered he is entitled to sue for trespass from the date of the accrual of the right or to 'trespass by relation,' e.g., to mesne profits. Jus tertii or the extraneous right o another who is not in possession is no defence to an action of trespass. See also Air Navigation Act, 1920, s. 9....
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
Not guilty
Not guilty, a plea by way of traverse which occurred in actions of trespass, libel, or other tort, and amounted to a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant; this was called pleading the 'general issue.' See PLEADING.The plea of not guilty, jin criminal proceedings, is the proper form wherever a prisoner means either to deny or justify the charge in the indictment; the effect of which plea is, that on the one hand, it puts the prosecutor to the proof of every material fact alleged in the indictment or information, and on the other it entitles the defendant to avail himself of any defensive circumstances as amply as if he had pleaded them in a specific form....
Non assumpsit
Non assumpsit (he did not promise), a plea by way of traverse, which occurred in the action of assumpsit or promises. This plea operated as a denial in point of fact of the existence of any express promise to the effect alleged in the declaration, or of the matters of fact from which the promise alleged would be implied by law: see Steph. Plead., 7th ed. 154, 160. See, too, as to the effect of the plea, Bullen and Leake's Prec. of Pleadings....
Proved to the satisfaction of the court
Proved to the satisfaction of the court, are com-prehensive enough and indeed seem to have been intended to empower the court to go into the merits of the allegations set by the party denying or disagreeing with the terms of compromise or agreement, and decide them so that the parties get full justice in the suit in which a decree in terms of the compromise is to be passed. Where the court finds during the course of the inquiry that the alleged agreement or compromise is vitiated by fraud, misrepresentation, etc., it cannot be said legally that an agreement has been arrived at. The agreement contemplated envisages the two parties coming to certain terms voluntarily and of a free will so as to put an end to the litigation pending between them in the court, C.K. Chandrahas Shetty v. Jayaram Sasani, AIR 1970 Mys 209....
charge
charge 1 a : something required : obligation b : personal management or supervision [put the child in his ] c : a person or thing placed under the care of another 2 : an authoritative instruction or command ;esp : instruction in points of law given by a judge to a jury [conviction…reversed, because of trial court's "W. R. LaFave and A. W. Scott, Jr."] 3 a : an incurred expense b : the price demanded for something (as admission or use) [a finance ] c : a debit to an account ;esp : a debit resulting from unexpected operating expenses [a against earnings] 4 : a formal allegation of an offense or wrongdoing [based on a that was dismissed "National Law Journal"] see also complaint, indictment, information vt charged charg·ing 1 a : to impose a task or responsibility on [was charged with protecting civil rights] b : to command or instruct with authority ;esp : to give a charge to (a jury) [the jury should have been charged on common-law negligence "National Law J...
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
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