Attorney In Fact - Law Dictionary Search Results
Home Dictionary Name: attorney in fact Page: 2warrant
warrant [Anglo-French warant garant protector, guarantor, authority, authorization, of Germanic origin] 1 : warranty [an implied of fitness] 2 : a commission or document giving authority to do something: as a : an order from one person (as an official) to another to pay public funds to a designated person b : a writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice [a of arrest] [by of commitment] administrative warrant : a warrant (as for an administrative search) issued by a judge upon application of an administrative agency anticipatory search warrant : a search warrant that is issued on the basis of an affidavit showing probable cause that there will be certain evidence at a specific location at a future time called also anticipatory warrant arrest warrant : a warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named i...
Champarty or champerty
Champarty or champerty [fr. Champ parti, Fr.; campi partitio, Lat., a division of the land], properly a bargain between a plaintiff or defendant in a suit and a third person, campum partire, to divide between them the land or other matter sued for in the event of the litigant being successful in the suit, whereupon the champertor is to carry on the party's suit or action at his own expense; or it is the purchasing the right of action or suit of another person; illegal by Common Law, and also by 3 Edw. 1, c. 25; 13 Edw. 1, st. , c. 9; and 32 Hen. 8, c. 9. It is an aggravated form of maintenance, See Hutley v. Hutley, (1873) LR 8 Q 112; Attorneys and Solicitors Act (in re:), 1870 (1875) 1 Ch D 573; Holden v. Thompson, 1907 (2) KB 489; Haseldine v. Hoskin, 1933 KB 822; and MAINTENANCE.The act or fact of maintaining, supporting or promoting another persons law suit, Black's Law Dictionary, 7th Edn....
Warrant of Attorney
Warrant of Attorney, a written authority addressed to one or more solicitors to appear for the party executing it, and receive a statement of claim for him in an action at the suit of a person therein mentioned, and thereupon to confess the same, or to suffer judgment to pass by default and to permit judgment to be entered up against him. The practice of giving warrants of attorney is seldon resorted to. A warrant of attorney may be executed as a security for the performance of any agreement between the parties; but it does not extinguish an original debt, or affect the right to sue upon it, unless judgment has been signed, for until this is done it is merely a collateral security. It is usual to make the warrant subject to be defeated on the performance of certain conditions, and when this is the case, they are set forth in an agreement hence called the defeasance.The Debtors Act, 1869, contains various provisions in regard to warrants of attorney, e.g., they must be executed in the p...
Information
Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
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...
Professional misconduct
Professional misconduct, may consist in betraying the confidence of a client, in attempting by any means to practise a fraud or impose on or deceive the court or the adverse party or his counsel, and in fact in any conduct which tends to bring reproach on the legal profession or to alienate the favourable opinion which the public should entertain concerning it, Corpus Juris Secundum (p. 740, Vol. 7), see also R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Means dishonesty or some conduct involving moral turpitude, State of Uttar Pradesh v. Kashi Prasad, AIR 1969 All 363.The test to be applied in all such cases is whether the proved misconduct of the advocate is such that he must be regarded as unworthy to remain a member of the honourable profession to which he has been admitted and unfit to be entrusted with the responsible duties that an advocate is called upon to perform. There is a world of difference between the giving of improper legal advice and the giving of wrong legal ...
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