Code Pleading - Law Dictionary Search Results
judgment
by a court after an entry of default against a party for failure to appear, to file a pleading, or to take other required procedural steps called also judgment by default compare decree pro confesso at decree … embodying such a decision or decree c : a declaration by a court of the conviction of a criminal defendant and the punishment to be imposed ;specif : sentence 2 : the action of judging : the
Appearance
not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437] The word appearance is capable of having different connotations, when it is … the action proceeds there (r. 7). Formerly in indictments of felony the accused had always to appear and plead in person, and likewise in appeal or on attachment; but in indictments or informations for misdemeanours, the accused
damage
are not recognized in all jurisdictions. incidental damages : damages recoverable under section 2-715 of the Uniform Commercial Code in breach of contract cases for losses that include expenses incurred in handling and caring for goods which … entry NOTE: Because special damages do not arise in every case, they must be specifically requested in the pleadings. This is an issue of particular importance in cases of harm to reputation, such as slander, libel, and
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Limitation of actions and prosecutions
of limitations, see RENEWAL OF WRITS. At Common Law there is no period of limitation for prosecution of criminal offences generally, except where they are punishable on summary conviction, in which cases the period is six months, … be taken of the statutes of limitation in an action unless an issue thereon be raised by the pleadings, (English) R.S.C. 1883, Ord. XIX., r. 15. As to land, see Ord. XXI. As to renewal of writs
Pleader
and includes any other appointed with the permission of the Court to act in such proceeding. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (q)] … Pleader [fr. narrator, Lat.], one who draws pleadings. See SPECIAL PLEADER. It means any person entitled to appear and plead for another in Court, and includes
Cause of action
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 … 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. &
Alibi
have participated in the crime. Alibi is not an exception (special or general envisaged in the Indian Penal Code or any other law. It is only a rule of evidence recognized in s. 11 of the Evidence … from duty on the date of offence does not, by any stretch of reasoning or logic, amount to pleading alibi, Subhash Chand v. State of Rajasthan, (2002) 1 SCC 702 (712). It is a convenient term used
interplead
their claims are such that the plaintiff is or may be exposed to double or multiple liability "Official Code of Georgia Annotated"] … interplead [Anglo-French enterpleder, from enter- between, among + pleder to plead, from Old French plaidier] vt : to bring (adverse claimants) into court by interpleader [the defendants can injured
cure
buyer of his intention to and may then within the contract time make a conforming delivery "Uniform Commercial Code"] cur·able adj cur·abil·i·ty n cure n … witness "National Law Journal"] ;also : to judicially correct or negate (procedural errors) [ a defect in the pleadings] b : to correct or make acceptable (a defective performance or delivery under a contract) [the nonconformity would
jurisdiction
original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States "U.S. Code"] pendent jurisdiction : supplemental jurisdiction that allows a federal court to adjudicate state law claims which form part … usually interpreted the statutory phrase “arising under” rather strictly. U.S. Supreme Court decisions have held that the plaintiff's pleading must establish that the cause of action raises an issue of federal law (as by depending on construction
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