Chancery - Law Dictionary Search Results
Home Dictionary Name: chancery Page: 5 Page 5 of about 275 results (0.002 seconds)Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Quantum damnificatus, Issue
Quantum damnificatus, Issue. This was directed by Chancery to be tried at law to fix the amount of compensation for damage, which prior to the Chancery Amendment Act, 1858 (see that title), could not be awarded in Chancery....
Duchy Court of Lancaster
Duchy Court of Lancaster, a tribunal of special jurisdiction, held before the chancellor of the duchy or his deputy, concerning all matters of equity relating to lands holden of the Crown in right of the Duchy of Lancaster, but not necessarily in Lancashire, and the Duchy Court which has not been abolished and has not sat for upwards of a century must not be confused with the Chancery Court of County Palatine (q.v.). the proceedings were similar to those on the Equity side of the Courts of Exchequer and Chancery, and the Chancery Court exercised a concurrent jurisdiction with the Duchy Court, so that it seems not to be a Court of Record. See COUNTY PALATINE....
Durham, County palatine of
Durham, County palatine of. The jurisdiction which was, for a long time, vested in the Bishop of Durham for the time being, was taken from him by 6 & 7 Wm. 4, c. 19, which is amended by 21 & 22 Vict. c. 45, and vested as a separate franchise and royalty in the Crown.As to the jurisdiction of the Durham Court of Chancery, see these Acts; appeals from the Chancellor of Durham lie to the Court of appeal [(English) Jud. Act, 1925, s. 28]; and as to the Durham Court of Pleas, see 33 Geo. 3, c. 68, and 2 & 3 Vict. c. 16, ss. 4-37, and the (English) Palatine Court of Durham Act, 1889 (52 & 53 Vict. c. 47); the Durham Court of Pleas is now abolished and its jurisdiction transferred to the High Court of Justice [(English) Jud. Act, 1873, s. 16]. See also COUNTY PALATINE.The jurisdiction of the Durham Court of Chancery within its territorial limits as coextensive and concurrent with that of the Chancery Division of the High Court; (English) Judic. Act, 1925, s. 18....
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...
Commissioners for Oaths
Commissioners for Oaths. Masters extraordinary in Chancery acted in very early times as commissioners to administer oaths to persons making affidavits (see that title) before them concerning Chancery suits, and the judges of the Common Law courts were authorized, under 29 Car. 2, c. 5, by commission to empower 'what and as many persons as they should think fit and necessary' to take affidavits for one shilling fee concerning Common Law actions. The Masters in Chancery were succeeded by solicitors under 16 & 17 Vict. c. 78, appointed by the Lord Chancellor, the fee being one shilling and sixpence.The (English) Commissioners for Oaths Act, 1889 (52 & 53 Vict. c. 10), which amends and consolidates twenty-four enactments on the subject, enacts by s. 1 that the Lord Chancellor may, from time to time, by commission signed by him, appoint practising solicitors or other fit and proper persons to be commissioners for oaths; with power, in England or elsewhere, to administer any oath or take any...
Clifford's Inn
Clifford's Inn, an Inn of Chancery. Anciently the town residence of the Barons Clifford, and demised in 1345 to a body of students of law. It was the most important of the Inns of Chancery and numbered among its students Coke and Selden. It was governed by a principal and twelve rulers until late in the last century. In 1902 the Society was dissolved and the property sold. See INNS OF CHANCERY....
Paymaster-General (see now Accountant-General
Paymaster-General (see now Accountant-General; the duties of Paymaster-General transferred to Accountant-General: see (English) Judicature Act, 1925, ss. 133 et seq.). Under the (English) Chancery Funds Act, 1872 (35 & 36 Vict. c. 44), the office of Accountant-General of the Court of Chancery was abolished, and the duties transferred to the Paymaster-General, and by the (English) Supreme Court of Judicature (Funds, etc.) Act, 1883, there was only one accounting department for the Supreme Court of Judicature. Rules with respect to the Paymaster-General were authorised to be made by the (English) Judicature Act, 1875, s. 24, and, further, s. 30 of that Act, and s. 4 of the Act of 1883, supra, the present practice and procedure being controlled by the (English) Supreme Court Funds Rules, 1927....
New Inn
New Inn, an Inn of Chancery. See INNS OF CHANCERY....
Originalia
Originalia, means record compiled in the chancery and transmitted to the Remembrancer's office in the Exchequer, Black's Law Dictionary, 7th Edn., p. 1126.Originalia, transcripts sent to the Remembrancer's Office in the Exchequer out of the Chancery, distinguished from recorda, which contain the judgments and pleadings in actions tried before the barons....
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