Cause Or Matter - Law Dictionary Search Results
Home Dictionary Name: cause or matter Page: 2Account or Accompt
Account or Accompt [fr. compte, Fr., computo, Lat.], a registry of debts, credits, and charges, or a detailed statement of a series of receipts (credits) and disbursements (debits) of money-which have taken place between two or more persons. Accounts are either-(1) open, where the balance is not struck, or it is not accepted by all the parties; (2) stated, where it has been expressly or impliedly acknowledged to be correct by all the parties; and (3) settled, where it has been accepted and discharged. Stated and settled accounts may be investigated and reopened by the Court on the ground of fraud or fiduciary relationships. See SURCHARGE and FALSIFY.Companies under the Companies Act, 1929, must keep proper books of account, and present to the company in general meeting not less than 18 months after incorporation and subsequently at least once in every year a profit and loss account and balance sheet, to copies of which shareholders of all companies, except private companies, are entitl...
Discovery
Discovery, revealing or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or discover any document in his power, which would aid in the enforcement of a right, the repelling of an unjust demand, or the redress of a wrong; an infirmity which the equity judges cured by compelling such a party to disclose the fact, or discover the document, upon his oath, in his answer to a bill of complaint, filed by the opposite party, called a bill of discovery, which was an original bill.Sir James Wigram, V.C., in his work, entitled Points in the Law of Discovery, epitomized the two cardinal principles on this subject in the two following propositions:(1) It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the ...
Chancery
Chancery [fr. Cancelli, lattice-work, Lat.; chancellerie, Fr.]. the Court of Chancery, which administered equity (see that title) so far as distinct from law, was the highest court of judicature in this kingdom next to Parliament.Its powers and jurisdiction were in 1875 transferred to (I.) The High Court of Justice, and (II.) The Court of Appeal [(English) Jud. Act, 1873, ss. 16-18].(I) There is by the (English) Judicature Act, 1873, replaced by the English Judicature Act, 1925, s. 4, a Division of the High Court of Justice called the Chancery Division. To this Division are assigned (1) matters in which the court of Chancery had exclusive statutory jurisdiction (except County Court appeals), of these, the jurisdiction under the (English) Charitable Trusts Acts, 1853-1869, is practically the only portion nw remaining, the other jurisdictions having become exercisable under subsequent legislation. (Note: a. P. 1934, p. 2374), and (2) causes and matters for the administration of estates o...
Criminal cause
Criminal cause, means nature of the proceedings in which the original order was made will necessarily determine whether the machinery of enforcement through the court is a criminal cause or matter, Govt. of USA v. Montgomery [HL(E)], (2001) 1 WLR 196....
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
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....
Maritime Courts
Maritime Courts. These were formerly the High Court of Admiralty and its Court of appeal, the Judicial Committee of the Privy Council. But by the (English) Judicature Act, 1873, s. 16, the jurisdiction of the High Court of Admiralty was transferred to and vested in the High Court of Justice; and all causes and matters pending in that Court, or which would have been within its exclusive cognizance, were assigned to a division of the High Court, called the Probate, Divorce, and Admiralty Division (ibid., s. 34) (see now Jud. Act, 1925, s. 56 (3)). The Admiralty jurisdiction of the High Court was extended by s. 5 of the (English) Administration of Justice Act, 1920 [see now Jud. (English) Act, 1925, s. 22 (1) (a)] to cases relating to the use or hire of a ship or carriage of goods in a ship, provided that the owner or part owner of the ship is domiciled in England or Wales. The appeal from the Admiralty branch of that division lies to the Court of Appeal [ibid., s. 18 (5)] [see now (Engli...
scire facias
scire facias [Medieval Latin, you should cause to know] 1 : a judicial writ founded upon some matter of record and requiring the party proceeded against to show cause why the record should not be enforced (as by revival of the judgment), annulled, or vacated 2 : a legal proceeding instituted by a scire facias ...
Term fee
Term fee, a certain sum, which a solicitor is entitled to charge to his client, and the client to recover, if successful, from the unsuccessful party who has to pay cost to him; it is payable for every term commencing on the day the sittings in London and Middlesex of the High Court of Justice commence, and terminating on the day preceding the next such sittings, in which a proceeding in the cause or matter by or affecting the party, other than the issuing and serving the writ of summons, shall take place. See App. N. to R.S.C. ad fin. See TERMS....
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