Attaint Writ Of - Law Dictionary Search Results
Home Dictionary Name: attaint writ of Page: 2Writ of quo warranto
Writ of quo warranto, a writ of quo warranto is a writ which lies against the person, who according to the relator is not entitled to hold an office of public nature and is only a usurper of the office. It is the person, against whom the writ of quo warranto is directed, who is required to show, by what authority that person is entitled to hold the office, B.R. Kapur v. State of Tamil Nadu, (2001) 7 SCC 231 (315)....
Writ of certiorari
Writ of certiorari, certiorari jurisdiction can be exercised only for correcting errors of jurisdiction committed by inferior Courts or Tribunals. A writ of certiorari can be issued only in the exercise of supervisory jurisdiction which is different from appellate jurisdiction. The writ jurisdiction extends only to cases where orders are passed by inferior Courts or Tribunals in excess of their jurisdiction or as a result of their refusal to exercise jurisdiction vested in them or they act illegally or improperly in the exercise of their jurisdiction causing gave miscarriage of justice, Swarn Singh v. State of Punjab, (1976) 2 SCC 868 (872): AIR 1976 SC 232. (Constitution of India, Art. 226)...
Second deliverance, Writ of
Second deliverance, Writ of, a judicial writ that lies, after a non suit of the plaintiff in replevin, and a retorno habendo of the cattle replevied, adjudged to him that distrained them, commanding the sheriff to replevy the same cattle again, upon security given by the plaintiff in the replevin for the re-delivery of them if the distress be justified. It is a second writ of replevin, and is practically obsolete, Fitz. N.B. 68...
Testatum Writ
Testatum Writ, a process of execution which was issued into a different county than that in which the venue was laid in the declaration; it must have been founded on a writ ejusdem generis, issued into the county of the venue, and returned nulla bona, etc. It was abolished by C.L.P Act, 1852, s. 21. See GROUND WRIT....
Second Surcharge, Writ of
Second Surcharge, Writ of. If after admeasurement of common, upon a writ of admeasurement of pasture, the same defendant surcharged the common again, the plaintiff might have had this writ of second surcharge de secunda superoneratione, which is given by Stat. West. 2,13 Edw. 1, c. 8, rep....
Post, Writ of Entry in
Post, Writ of Entry in, an abolished writ given by the Statute of Marlbridge, 52 Hen. 3, c. 29, which provided that when the number of alienations or descents exceeded the usual degrees, a new writ should be allowed, without any mention of degrees at all....
Right, Writ of
Right, Writ of [breve de recto, Lat.], a procedure for the recovery of real property after not more than sixty years' adverse possession; the highest writ in the law, sometimes called the writ of right proper. Abolished by 3 & 4 Wm. 4, c. 27; last used in 1835 in Davies v. Lowndes, (1835) 1 Bing NC 597....
Mesne, writ of
Mesne, writ of, an ancient and abolished writ, which lay when the lord paramount distrained on the tenant paravail; the latter had a writ of mesne against the mesne lord....
Magna assisa eligendia, Writ de
Magna assisa eligendia, Writ de. The first species of extraordinary trial by jury is that of the grand assize, which was instituted by Henry II., in parliament, by way of alternative offered to the choice of the tenant or defendant in a writ of right, instead of the barbarous and unchristian custom of duelling. The writ issued to the sheriff to return four knights, who were to elect and choose twelve others to be joined with them, and these, all together, formed the grand assize or great jury, which was to try the matter of right. Abolished by 3 & 4 Wm. 4, c. 27, 3 Bl. Com. 351....
Action of a writ
Action of a writ, a phrase used when a defendant pleads some matter by which he shows that the plaintiff had no cause to have the writ which he brought, although it may be that he is entitled to another writ or action for the same matter, Termes de la Ley....
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