Claim Statement Of - Law Dictionary Search Results
Home Dictionary Name: claim statement ofClaim, statement of
Claim, statement of. See STATEMENT OF CLAIM....
Declaration
Declaration, a proclamation or affirmation, open expression or publication.A statement on the plaintiff's part of his cause of action, following after service of the writ of summons; abolished in 1875 by the (English) Judicature Acts, which substituted a statement of claim. See STATEMENT OF CLAIM.A mere determination or a finding or order that a person/family unit holds land less than the ceiling limit is not a 'declaration' and, therefore, not appealable, Ganpatrao Gulabrao Pawar v. State of Maharashtra, 1993 Supp (1) SCC 87: AIR 1992 SC 1183 (1187). [Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, s. 45(2) Proviso and 21& 33]A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200. Indian Penal Code (45 of 1860), s. 200, Expl.It is a statement of material facts, if may constitute a formal announcement or a deliberate statement. A declaration must be announced solemnly or officially. It ...
Statement of defence
Statement of defence. this form of pleading is sub-stituted, under the Judicature Acts, for the former pleas at Common Law, and answers in Chancery, and its delivery is now regulated by R.S.C. Ord. XXI., which provides in ordinary cases for the delivery of the statement of defence within ten days from the delivery of the statement of claim, or appearances if no statement of claim be delivered....
Plaint
Plaint [fr. plainte, Fr.; querela, Lat.], the statement in writing of a cause of action. It is the first process in an inferior court in the nature of an original writ, because there is briefly set forth the plaintiff's cause of action: and the judge is bound, of common right, to administer justice therein without a special mandate from the Crown.Plaint, includes a written statement pleading, a set off or counter-claim. [The Gujarat Court-fees Act, 2004, s. 2(c)]Means the statement in writing of a cause of action in which the relief claimed is sketched in detail. Plaintiff is the person presenting a plaint to get a relief from the court; a person who commences an action another, called a defendant, STC of India v. Ironside Ltd., AIR 1966 Bom 126 (DB)....
Statement of claim
Statement of claim. The mode in which, under the Judicature Acts, a plaintiff begins his pleading, substituted fro the former Bill in Chancery or Declaration at Common Law. The delivery of the statement of claim is regulated by R.S.C. 1883, Ord. XX., which provides that none shall be delivered if the writ be specially indorsed, or without an order on summons for directions (see Ord. XXX.), unless the defendant has not appeared....
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....
Indorsement of claim
Indorsement of claim. By R.S.C. 1883, Ord. II., r. 1, every writ of summons in the High Court must be indorsed with a statement of the nature of the claim made, or of the relief or remedy required. And by Ord. III. it is further provided that the indorsement of claim shall be made on every writ of summons before it is issued (r. 1). See, further, LEAVE TO DEFEND...
proof of claim
proof of claim :a written statement that sets forth a claim against a bankrupt debtor or the probate estate of a deceased debtor ...
slander
slander : to utter slander against slan·der·er n n [Anglo-French esclandre, from Old French escandle esclandre scandal, from Late Latin scandalum moral stumbling block, disgrace, from Greek skandalon, literally, snare, trap] 1 : defamation of a person by unprivileged oral communication made to a third party ;also : defamatory oral statements 2 : the tort of oral defamation [sued his former employer for ] compare defamation, false light, libel NOTE: An action for slander may be brought without alleging and proving special damages if the statements in question have a plainly harmful character, as by imputing to the plaintiff criminal guilt, serious sexual misconduct, or conduct or a characteristic affecting his or her business or profession. slan·der·ous [slan-də-rəs] adj slan·der·ous·ly adv slan·der·ous·ness n ...
Leave to defend
Leave to defend. The repealed (English) Bills of Exchange Act, 1855 (18 & 19 Vict.c.67), commonly called 'Keating's Act,' allowed actions on bills or notes commenced within six months after being due, to be by writ of summons in a form provided by the Act, and, unless the defendant should within twelve days obtain leave to appear and defend the action, allowed the plaintiff to sign judgment on proof of service. This procedure was retained by the (English) Judicature Act, 1875, Ord. II., r. 6, but abolished in 1880 by Ord. II., r. 6 (annulled 1917).By (English) R.S.C. 1883, Ord. III., r. 6, as amended by (English) R.S.C. 1933, in respect of forfeiture for non-payment of rent, it is provided that in all actions where the plaintiff seeks merely to recover a debt or liquidated demand (see QUANTUM MERUIT) in money, or possession where a tenancy has expired or been determined by notice to quit, or has become liable to forfeiture for non-payment of rent, the writ of summons may, at the option...
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