Cause Or Matter - Law Dictionary Search Results
Home Dictionary Name: cause or matter Page 1 of about 73 results (0.003 seconds)Cause or matter
Cause or matter, the words 'cause' and 'matter' are often used in juxtaposition, but they have different meanings. 'Cause' means any action or any criminal proceedings and 'matter' means any proceedings in court not in a cause. When used together, the words 'cause or matter' cover almost every kind of proceeding in court, whether civil or criminal, whether interlocutory or final, and whether before or after judgment, Union Carbide Corporation v. Union of India, (1991) 4 SCC 584 (626). [Constitution of India, Art. 142(1)]...
Criminal cause or matter
Criminal cause or matter, if the cause or matter is one which, if carried to its conclusion, might result in the conviction or the person charged and in a sentence of some punishment, such as imprison-ment or fine, it is a 'criminal cause or matter', A (Ara) v. Chief Constable of Merseyside Police, (2004) 1 WLR 1697 (CA)....
Cause, matter
Cause, matter, the expression 'cause' or 'matter' would include any proceeding pending in court and it would cover almost every kind of proceeding in court including civil or criminal, Delhi Judicial Service Assn. v. State of Gujarat, (1991) 4 SCC 406: AIR 1991 SC 2176 (2210). [Constitution of India, Art. 142 (1)]...
Parties
Parties, a suit under s. 92 of the code is thus a representative suit and as such binds not only the parties named in the suit-title but all those who are interested in the trust, R. Venugopala Naidu v. Venkatarayulu Naidu Charities, AIR 1990 SC 444 (447): 1989 Supp (2) SCC 356. (Code of Civil Procedure, s. 92)Persons jointly concerned in any deed or act; litigants.The Rules of the Supreme Court, 1883, Ord. XVI., make very full provision as to the joinder of parties and the consequences of misjoinder and non-joinder. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alter-native. Two or more defendants may be joined, in case the plaintiff is in doubt as to the person from whom he is entitled to redress. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are the trustees or representatives, without joining any of the parti...
Joinder of causes of action
Joinder of causes of action, coupling two or more matters in the same suit or proceeding.Under the (English) C.L.P. Act, 1852, s. 41, causes of action, of whatever kind, provided they were by and against the same parties and in the same rights, might be joined in the same suit; but this did not extend to repelling or ejectment; and where two or more of the causes of action so joined were local, and arose indifferent counties, the venue might be laid in either of such counties, but the court or a judge had power to prevent the trial of different causes of action together if such trial wound be inexpedient, and in such case such court or judge might order separate records to be made up, and separate trials to be had. The joinder in one bill in equity of distinct and independent matters, which was termed multifariousness, was a ground of objection to the bill. See MULTIFARIOUSNESS.By (English) R.S.C. 1883, Ord. XVIII., the plaintiff may in many cases unite in the same action and the same ...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Scandal
Scandal, a report or rumour, or an action whereby one is affronted in public.Disgraceful, shameful, or degrading acts or conducts, Black's Law Dictionary, 7th Edn., p. 1345.Scandal, in pleadings, is injurious, by making the records of the court the means of perpetuating libellous and malignant slanders; and the Court, in aid of the public morals, is bound to interfere to suppress such indecencies.It is provided by (English) R.S.C. 1883, Ord. XIX., r. 27, that scandalous matter may be ordered to be struck out from any pleading, and by Ord. XXXVIII., r. 11, from affidavits.Scandal, consists in the allegation of anything which is unbecoming the dignity of the court to hear, or is contrary to decency or good manners, or which charges some person with a crime not necessary to be shown in the cause, to which may be added that any unnecessary allegation, bearing cruelly upon the moral character of an individual, is also scandalous. The matter alleged must not be only offensive, but also irrel...
interest
interest [probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be] 1 : a right, title, claim, or share in property Article Nine security interest : security interest in this entry beneficial interest : the right to the use and benefit of property [a beneficial interest in the trust] contingent interest : a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future event compare vested interest in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest : an interest (as a beneficial interest) that is held by virtue of equitable title or that may be claimed on the ground of equitable relief [claimed an equitable interest in the debtor's assets] executory interest : a future interest other than a remainder or reversion that may take effect upon the divesting...
Crime
Crime, is a word, of which the interpretation has varied with the philosophic bias of the writer; it has been described as the violation of a right, when considered in reference to the evil tendency of such violation, as regards the community at large, but this definition is too wide; and would include any evil act or movement whether or not it is punishable by law. The (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), s. 5, defines crime for the limited purposes of the Act as either felonies or specified offences or misdemeanours, while 'offence' means any act which is not a 'crime' and is punishable on indictment or summary conviction. In our law misdemeanour is generally used in cotradistinction to felony, and comprehends all indictable offences which do not amount to felony, as perjury, battery, libels, conspiracies, etc. see OFFENCE, and consult Russell on Crimes, and Mellor v. Denham, (1880) 5 QBD 467, and other cases decided upon the meaning of 'criminal cause or ...
De bene esse
De bene esse. To take or do anything de bene esse is to accept or allow it as well done for the present; but when it comes to be more fully examined or tried, to stand or fall according to the merit of the thing in its own nature (Jac. Law Dict.). in modern times the term is chiefly used in reference to an examination, out of Court and before trial, of witnesses who are old, dangerously ill, or about to leave the country, on the terms that if the witnesses continue ill or absent, their evidence be read at the trial, but if they recover or return, the evidence be taken in the usual manner. Now by R. S. C. 1883, Ord. XXXVII., r. 5, the Court may, in any cause or matter where it shall appear necessary for the purposes of justice [see Bidder v. Bridges, (1884) 26 Ch D 1], make any order for the examination upon oath before the Court or any officer of the Court, or any other person, and at any place, of any witness or person, and may empower any party to any such cause or matter to give suc...
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