Bind Over - Law Dictionary Search Results
Home Dictionary Name: bind overbind over
bind over 1 : to put under a bond to do something (as appear in court) under court authority 2 : to transfer (a case or defendant) to another forum after a finding of probable cause at a preliminary hearing NOTE: In states that require indictment by a grand jury in felony cases, a case will be bound over to the grand jury if the judge or magistrate finds at the preliminary hearing that there is probable cause to believe that the defendant committed the crime. In states that use an information, the case is bound over to the trial court upon a finding of probable cause. vi : to bind a case over [questioned the magistrate's decision to bind over] bind·over n ...
Binding-over
Binding-over. See RECOGNIZANCE....
Recognisance
Recognisance, an acknowledgement of a debt owing to the Crown, with a condition to be void if the recognizor shall do some particular act, as if he, or the party for whom he is surety, shall appear at the assizes to prosecute a person, or to come up for judgment when called upon, or shall prosecute an appeal, or shall be of good behaviour, commonly called 'binding over.' As to the power of justices of their own initiative to bind over a person, though no formal charge has been made against him, see R. v. Wilkins, (1907) 2 KB 380. See also R. v. Sandbach, Ex p. Williams, (1935) 2 KB 192, and Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 31,sub-s. 3, as amended by Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38), s. 1; and as to the mode of entering into recognizance, see Criminal Justice Administration Act, 1914, s. 24; see also ss. 19-23. For forms of recognizance, see the schedule to the Summary Jurisdiction rules, 1886; also rules 112-115 of the Crown Offic...
bind
bind bound [band] bind·ing 1 a : to make responsible for an obligation (as under a contract) [agents have the power to the insurer "R. I. Mehr"] b : to burden with an obligation [prevented married women from ing their property "J. H. Friedenthal et al."] 2 : to exert control over : constrain by legal authority [this court is bound by precedent] 3 : to bring (an insurance policy) into effect by an oral communication or a binder ...
police court
police court : a court of record in some states that has jurisdiction over various minor offenses and the power to bind over those accused of more serious offenses ...
Not yet become binding on the parties
Not yet become binding on the parties, the expression 'not yet become binding on the parties' in Article V(1)(e) of the New York Convention postulates that the Convention has visualised as award which becomes binding at a point of time later than the making of the award. In other words the provision has in its contemplation the fact that an award in some cases may become binding only at a later stage. The award which is sought to have been enforced as foreign award will have thus to be tested with reference to the key words contained in Article V(1)(e) of the Convention and the question will have to be answered whether the award has become binding on the parties or has not yet become binding on the parties. The test has to be applied in the context of the law of the country governing the arbitration proceedings or the country under the law of which the award was made, Oil and Natural Gas Commission v. Western Company of North America, AIR 1987 SC 674 (684): (1987) 1 SCC 496: (1987) 1 S...
Assizes Relief Act, 1890
Assizes Relief Act, 1890, (52 & 53 Vict. c. 12), to relieve the Court of Assize from the trial of persons charged with offences triable at Quarter Sessions-by which Act justices of the peace are directed to bind over prosecutors to appear at the next practicable Court of Quarter Sessions, in case of the prisoner being committed on a charge there triable, unless such justices think fit for special reasons otherwise to direct, see (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), s. 14 (for power to commit to convenient assizes)....
Contractual lien
Contractual lien, this is a contractual right to retain possession pending payment of sums due to the possessor. The contractual lien, which is often equated with a pledge, is to be distinguished from it in that possession is taken for purposes other than security and unless otherwise agreed the lienee has merely a right to detain the goods until payment of what is due to him, not a right to sell them on default in payment, Halsbury's Laws of England, Vol. 4(1), para 609, p. 265....
obiter dictum
obiter dictum pl: obiter dic·ta [-tə] [Late Latin, literally, something said in passing] : an incidental and collateral remark that is uttered or written by a judge but is not binding : dictum ...
Bind
To tie or confine with a cord band ligature chain etc to fetter to make fast as to bind grain in bundles to bind a prisoner...
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