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Come Forward - Law Dictionary Search Results

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come forward

come forward : to make a presentation of something to the court usually used with with [must come forward with materials to show that there is a genuine issue of fact "J. H. Friedenthal et al."] [coming forward with the evidence] ...


burden of coming forward with the evidence

burden of coming forward with the evidence :burden of production ...


McDonnell Douglas test

McDonnell Douglas test, employment law. The principal for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for non-discriminatory reasons. Under this test, the plaintiff is first required to establish a prima facie case of discrimination, as by showing that the plaintiff is a member of a protected group and suffered an averse employment action. If the plaintiff satisfies that burden, then the defendant must articulate a legitimate, non-discriminatory reason for the employment action complained of. If the defendant satisfies that burden, then the plaintiff must prove that the defendant's stated reason is just a pretext for discrimination and that discrimination was the real reason for the employment action, Mc Donnell Douglas Corp v. Green, 411 US 792, 93 S.Ct. 1817 (1973); Bl...


burden of production

burden of production :the responsibility of the party that is presenting an issue or fact to produce evidence sufficient to support a favorable finding on that issue or fact called also burden of coming forward with the evidence burden of going forward with the evidence NOTE: The burden of production must be met in order to avoid a dismissal or directed verdict. Both parties to a suit usu. have burdens of production during the course of a suit, and often motions (as for summary judgment) impose a burden of production. ...


come on

come on : to be brought forward (as a case in court) [the first prize case of the war…came on for trial "W. G. Young"] ...


Advow, or Avow, or Avouch

Advow, or Avow, or Avouch [under the feudal system, when the right of a tenant was impugned, he had to call upon his lord to come forward and defend his right. This, in the Latin of the time, was called advocare, Fr. voucher a garantie, to vouch or call to warrant. As the calling the lord of the fee to defend the right of the tenant involved the admission of all the duties implied in feudal tenancy, it was an act jealously looked after by the lords, and advocare, or the equivalent, Fr. avouer, to avow, came to signify the admission by a tenant of a certain person as feudal superior. Finally, with some grammatical confusion, the words advocare, and avow or avouch, came to be used in the sense of performing the part of the vouchee, or person called on to defend the right impugned. Wedgw.], to justify or maintain an act, e.g., one distrains for rent, and he that is distrained brings an action of replevin; if the distrainer in his defence justify or maintain his act, he is said to advow or...


Weaker section of society

Weaker section of society, the expression 'weaker sections of society' includes also citizens of 'backward classes' who are covered by notification issued in pursuance to articles 15(4) and 16(4) of the Constitution, AIR 1988 MP 142 (144). [Constitution of India, Arts. 15(4) & 16(4)]Members of the Scheduled Castes and Schedules Tribes have ordinarily been accepted as belonging to the weaker sections. Attempt to bring in the test of economic means has often been tried but no guideline has been evolved. Apart from the members of the Scheduled Castes and Scheduled Tribes, there would be millions of other citizens who would also belong to the weaker sections. The Constitution makers intended all citizens of India belonging to the weaker sections to be benefited when Article 46 was incorporated in the Constitution. Parliament in adopting the same language in s. 21 of Act also intended people of all weaker sections to have the advantage. It is, therefore, appropriate that the Central Governm...


go forward

go forward went forward gone forward going forward : to proceed with a lawsuit or a matter (as the presentation of evidence) in a lawsuit ...


Duly forwarded

Duly forwarded, the expression 'duly forwarded' in relation to an application under sub-s. (1) of, s. 3 shows that the State Government is expected to satisfy itself before the issue of a notification under sub-s. (2) of, s. 3, that the application in question is a proper application under sub-s. (1), and has been duly forwarded, Mahant Dharan Das v. State of Punjab, (1975) 1 SCC 343 (362). [Sikh Gurdwaras (Supplementary) Act, 1925, s. 3]...


Forward contract

Forward contract, means a transaction involving delivery, other than Cash or Tom or Spot delivery, of foreign exchange. [Foreign Exchange Manage-ment (Foreign Exchange Derivative Contracts) Regulations, 2000, R. 2 (iv)]The expression 'forward contracts' in s. 2(c) is construed so as to include speculative contracts which ostensibly are for delivery of goods, Shivanarayana Kabre v. State of Madras, AIR 1967 SC 986 (989). [Forward Contracts (Regulation) Act, (74 of 1952), s. 2(c)]An agreement to buy or sell a particular non-standardized asset (use currencies) at a fixed price on a future rate, Black's Law Dictionary, 7th Edn., p. 666....


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