Case - Law Dictionary Search Results
Home Dictionary Name: casecase
case [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a : a civil or criminal suit or action [the judicial power shall extend to all s, in law and equity, arising under this Constitution "U.S. Constitution art. III"] see also controversy case at bar : a case being considered by the court [the facts of the case at bar] case of first im·pres·sion : a case that presents an issue or question never before decided or considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent for future cases and esp. for pending cases involving similar or related issues or circumstances and often some of the same parties NOTE: A test case is selected from a number of cases in order to avoid a flood of litigation. All of the parties to the cases must agree to accept the outcome of the test case as bi...
Special case
Special case. By (English) R.S.C. 1883, Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to the Court or a judge that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or judge may make an ordr accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case, or in such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & 23 Geo. 5, c. 55). As to special case before the Judicature Acts, see (English) C.L.P. Act, 1852, ss. 42-48, and 13 & 14 Vict. c. 35 [(English) Turner's Act]. Where ...
case number
case number The National Visa Center (NVC) gives each immigrant petition a case number. This number has three letters followed by ten digits (numbers). The three letters are an abbreviation for the overseas embassy or consulate that will process the immigrant visa case (for example, GUZ for Guangzhou, CDJ for Ciudad Juarez). The digits tell us exactly when NVC created the case. For example a case with the number MNL2001747003 would be a case assigned to the U.S. Embassy in Manila. 2001 is the year in which NVC received the case from the USCIS (formerly INS). The Julian date is 747 plus 500, so this case was created on September 4, 2001, the 247th day of the year. The 003 shows that it was the third case created for Manila on that day. This case number is not the same as the USCIS receipt number, which is written on the Notice of Action, Form I-797, from the USCIS. A consular section abroad cannot find a case if all you have is the USCIS receipt number. Source: Department of State. ...
Case, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or trespass did not apply. Statutory sanction was obtained for this form of action under the Statute of Westminster 2 (13 Edw. 1, c. 24), which regulated and limited the increasing practice of framing new writs by officers of the Crown and empowered the Clerks in Chancery to frame new writs in consimili casu with writs then in existence, see Pollock on Torts and Law Quarterly Review, Vol. 52, p. 68. Under the statutory sanction many new writs which were analogous to the writ of trespass, or in consimili casu with that action, were invented and issued under the appellation of 'trespass on the case' (brevia 'de transgressione super casum') as being founded on the particular circumstances of the case thus requiring a remedy, and to distinguish them from the old writ of trespass; and the injuries them...
As the case may be
As the case may be, expression 'as the case may be' is otherwise rendered superflous, Union of India v. Ashok Kumar, (2005) 8 SCC 760.--the words 'as the case may be' would only mean 'whichever the case may be', Shri Balaganesan Metals v. M.M. Shanmughan Chetty, (1987) 2 SCC 707 (718): AIR 1987 SC 1668. [T.N. Buildings (Lease and Rent Control) Act, 1960 (60 of 1960) s. 10(3)(c)]The expression 'as the case may be' is what the expression says, i. e. as the situation may be, in other words in case there are separate and distinct units then concept of need will apply accordingly. Where, however, there is no such separate and distinct unit, it has no significance, Sobramaniam Sharmugham v. M. L. Rajendras, AIR 1987 SC 2166 (2167): (1987) 4 SCC 215. [T. N. Buildings Lease and Rent Control) Act, (18 of 1960) s. 10(3)(c)]...
Cross cases
Cross cases, it is a salutary practice, when two criminal cases relate to the same incident, they are tried and disposed of by the same court by pronouncing judgments on the same day. Such two different versions of the same incident resulting in two criminal cases are compendiously called 'case and counter case' by some High Court and 'cross cases' by some other High Courts, Sudhir v. State of Madhya Pradesh, (2001) 2 SCC 688: AIR 2001 SC 826 (827). [Criminal Procedure Code, 1973, s. 408]...
Institution of a case
Institution of a case, A case can be said to be instituted in a court only when the court takes cognizance of the offence alleged therein. When a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitutes such offence a case is instituted in the Magistrates's court and such a case is one instituted on a com-plaint. Again, when a Magistrate takes cognizance of any offence upon a report in writing of such facts made by any police officer it is when a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitute such offence a case is instituted in the Magistrates's Court and such a case is one instituted on a complaint, Jamuna Singh v. Bhadai Shah, AIR 1964 SC 1541 (1543): (1964) 5 SCR 37. [Criminal Procedure Code, 1898, ss. 417(3), 200, 202, 156(3) and 173]...
termination of a case
termination of a case If the applicant fails to reply to the inquiry correspondence sent by their embassy or consulate, termination of their visa application will begin. The embassy or consulate will first send a Follow-up Letter and Instruction Package to the applicant. If the applicant does not answer within one year, a termination letter is sent. At this point the applicant has one more year to activate the immigrant visa case. If there is no answer in one year, the case is terminated. You can stop termination of a case by notifying the embassy or consulate before the prescribed time period has lapsed, that the applicant does not want the case to be closed (terminated). Source: Department of State. March 2007. ...
Case stated
Case stated, a narrative (agreed upon by both parties to an action, or drawn up by an impartial person agreed upon by them or settled by the Court or a judge) setting forth the facts and points in dispute, with a view to a prompt decision. By R.S.C. 1883, Ord. XXXIV., the parties after writ may concur in stating questions of law in the form of a special case, or if it appear to the court or a judge from the pleadings or otherwise that there is a question of law which it would be convenient to have decided in that manner, they or he may order a special case to be stated. See Special Case.As to cases stated by justices of the peace on points of law only for the High Court, see (English) Summary Jurisdiction Act, 1857 (20 & 21 Vict. c. 43), (English) Review of Justices Decisions Act, 1872 (35 & 36 Vict. c. 26), and (English) Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 33; see also Arbitration; Chitty's Statutes, tit. Justices'; and see R. v. Woodcock, (1907) 2 KB 104....
Crown cases reserved
Crown cases reserved. Questions of law at criminal trials (except in the case of demurrers and writs of error) might be referred for decision to the 'Court for the Consideration of Crown Cases reserved,' sitting under the authority of the Crown Cases Act,1848 (11 & 12 Vict. c. 78), provided the judge who tried the prisoner consented to state a case, though if he refused no court had power to compel him to do so.The jurisdiction given by the Act of 1848 (English) is now transferred to the Court of Criminal Appeal byvirtue of s. 20 of the Criminal Appeal Act,1907 (7 Edw. 7, c. 23), which s. also preserves to some extent the procedure under the Crown Cses Act. The judgment of such court infinaland without appeal, unless a certificate of the Attorney General is obtained under s. 1(6) of the Criminal Appeal Act, 1907. The (English) Judicature Act, 1925, s. 31 (1) (a) has a saving for appeal under the Act of 1907. See R. v. Ball, 1911 AC 47; and (English) CRIMINAL APPEAL ACT, 1907....
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