Claim - Law Dictionary Search Results
Home Dictionary Name: claimTort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Counter-claim
Counter-claim, the word 'counter-claim' in s. 19(8) to (11) which is equated to a cross-suit, includes a claim if it is made in an independent suit filed earlier, Union of India, v. Abhijit Tea Co. (P.) Ltd., (2000) 7 SCC 357: AIR 2000 SC 2957 (2965). [Recovery of Debts due to Bank and Financial Institutions Act, 1993, s. 19(8) to (ii)]By (English) R.S.C. 1883, Ord. XIX., r. 3, under the (English) Judciature Act, 1873, s. 24 (3); replaced by the (English) Judicature Act, 1925, s. 39 (1) (a), subject to the provisions of Rule 15, Order XXI, (exclusion of counter-claim), a defendant in an action may set off, or set up by way of counterclaim, against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect as across action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim. (As amended by (English) R.S.C. N...
United States Court of Federal Claims
United States Court of Federal Claims : a federal court having nationwide trial jurisdiction over claims against the United States see also federal circuit NOTE: The claims over which this court has jurisdiction include those based on the Constitution, acts of Congress, regulations of an executive agency, contracts with the United States, actions for damages not sounding in tort, claims of American Indian groups against the United States, and certain tax cases (as claims for tax refunds). Private bills are referred to it from Congress for advisory findings as to whether there is a genuine legal or equitable claim for relief. The court does not have jurisdiction over claims for pensions or claims based on treaties with foreign nations. ...
claim
claim [Old French, from clamer to call, claim, from Latin clamare to shout, proclaim] 1 a : a demand for something (as money) due or believed to be due ;specif : a demand for a benefit (as under the workers' compensation law) or contractual payment (as under an insurance policy) b : a paper embodying such a demand [filing a with the court] 2 : a title to something (as a debt or privilege) in the possession of another [assigned her to the proceeds] 3 a : a right to seek a judicial remedy arising from a wrong or injury suffered [a plaintiff who has been injured in an accident has…one for a broken arm, another for a ruptured spleen, and so forth "J. H. Friedenthal et al."] ;also : the formal assertion of such a right [bringing a in the district court] b : cause of action [a plaintiff stated a against a seller of applesauce when she alleged that her children…ate the applesauce…and were then so discomforted that they had to have their stomachs pumped "J. J. Whit...
informal proof of claim
informal proof of claim :a writing by a creditor that contains a demand for payment of a debt and an intention to hold the debtor's bankruptcy estate liable but that is not in the form prescribed in the Bankruptcy Code for proofs of claim NOTE: If an informal proof of claim is filed with the bankruptcy court within the time allowed for filing proofs of claim, the court may allow the creditor to file a proof of claim in its correct form and consider it as having been filed on the date that the informal proof of claim was filed. ...
Claim
Claim [fr. clamer, Fr.; clamo,Lat., to call], a challenge of interest of anything which is in another's possession, or at least out of a man's own possession, as claim by charter, descent, etc., Plow, 359 a. Any assertion of a right to a remedy, relief or property, either general, or before a tribunal, a pleading in an action, see County Courts Act, 1934, and STATEMENT OF CLAIM.Means 'a demand for something as due' or 'to seek or ask for on the ground of right', Hameedia Hardware Stores v. B. Mohan Lal Sowcar, (1988) 3 SCR 384: (1988) 2 SCC 513: AIR 1988 SC 1060 (1068). [T.N. Buildings (Lease and Rent Control) Act (18 of 1960), s. 10 (3)(a)(iii)]1. The aggregate of operative facts giving rise to a right enforceable by a court. 2. The assertion of an existing right, Black's Law Dictionary, 7th Edn., p. 240.Claim, the natural construction of the words taken in context is that 'claim' is referring to an order for costs in the current proceedings against the claimant, rather than a hypothe...
cross-claim
cross-claim : a claim against a party on the same side of an action (as a coplaintiff or codefendant) compare counterclaim, cross-action, cross-appeal, third-party claim NOTE: Under Rule 13(g) of the Federal Rules of Civil Procedure, a cross-claim must be related to the original action in that it arises from the same transaction or occurrence as the original action or a counterclaim, or involves property that is the subject matter of the original action. cross-claim vi ...
priority claim
priority claim An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.proof of claim A written statement and verifying documentation filed by a creditor that describes the reason the debtor owes the creditor money. (There is an official form for this purpose.) Source: Administrative Office of the U.S. Courts ...
Claim in respect of personal injuries
Claim in respect of personal injuries, means claim for damages for personal injuries. The claim in a statement of claim is that part of the pleading where the relief sought is claimed, be it damages, injunction, specific performance, Burns v. Shuttlehurst, (1999) 1 WLR 1449....
court of claims
court of claims 1 often cap both Cs : a court (as in Illinois, Michigan, New York, and West Virginia) that has jurisdiction primarily over cases involving claims against the state 2 cap : a former court succeeded by the United States Claims Court see also united states court of federal claims ...
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