Appear - Law Dictionary Search Results

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Appearance

Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...

general appearance

general appearance : a court appearance by which a party submits to the jurisdiction of the court esp. by asking for any relief other than a ruling that the court has no jurisdiction over the appearing party compare special appearance NOTE: General and special appearances are not used in the federal courts or in state courts that follow the Federal Rules of Civil Procedure. ...

Made his appearance

Made his appearance, the words 'made his appearance' cannot be truncated from the particular context in which that expression is used. It is a salutary principle in the sphere of interpretation of statutory clauses that words in a provision must not be understood merely by their ordinary meanings dehors the context in which such words are used. The words 'made his appearance' in s. 167(5) are used along with the preceding words which by themselves form into a composite collocation as thus: 'From the date on which the accused was arrested or made his appearance'. The purpose of the sub-s. (5) is to impose a time schedule for completion of investiga-tion and such time schedule is to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court', State of West Bengal v. Pranab Ranjan Roy, (1988) 3 SCC 209: AIR 1998 SC 1887 (1890). [Criminal Procedure Code, (20 of 1974), s. 167(5)]...

special appearance

special appearance : an appearance by a party in court for the sole purpose of challenging the court's assertion of personal jurisdiction over the party compare general appearance NOTE: Under the Federal Rules of Civil Procedure and the rules of states that have adopted it, the use of a special appearance to challenge jurisdiction has been abolished, and jurisdiction may be challenged in the pleadings or in a pretrial motion. ...

Non-appearance

Non-appearance, the omission of timely and proper appearance; a failure of appearance. See APPEARANCE....

appearance

appearance 1 : the presentation of oneself in court as a party to or as an attorney for a party to a lawsuit ;also : a document filed in court by an attorney declaring his or her representation of a party to a lawsuit see also general appearance, special appearance 2 : outward look [a lawyer should avoid the of impropriety] ...

Appear

Appear, the word 'appear' occurs in many forms prescribed under various appendices to Schedule 1 of Civil Procedure Code and in certain forms such as one in Form 3 of Appendix B the heading of the summons itself is the one for 'appear in person', Goparaju Venkata Satya Suryanaranana v. Tallapraguda Naga Venkata Suryanarayana Murthy, AIR 2006 AP 278....

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