Complaint - Law Dictionary Search Results
Home Dictionary Name: complaint Page: 2Original Writ or Original
Original Writ or Original [breve originale, Lat.], was the beginning or foundation of a real action at Common Law. It is also applied to processes for some other purposes.It was a mandatory letter issuing out of the Common Law or ordinary jurisdiction of the Court of Chancery (see now CHANCERY), under the Great Seal, and in the sovereign's name, addressed to the sheriff of the county where the injury was committed, containing a summary statement of the cause of complaint, andrequiring him to command the defendant to satisfy the claim, and, on his failure to comply, then to summon him to appear in one of the superior Courts of Common Law. In some cases it simply required the sheriff to enforce the appearance. Original writs differed from each other in their tenor, according to the nature of the plaintiff's complaint, and were conceived in fixed and certain forms. Many of these are of a remote antiquity; others are of later origin, and their history is as follows:-The ancient writs had p...
Institution of a case
Institution of a case, A case can be said to be instituted in a court only when the court takes cognizance of the offence alleged therein. When a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitutes such offence a case is instituted in the Magistrates's court and such a case is one instituted on a com-plaint. Again, when a Magistrate takes cognizance of any offence upon a report in writing of such facts made by any police officer it is when a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitute such offence a case is instituted in the Magistrates's Court and such a case is one instituted on a complaint, Jamuna Singh v. Bhadai Shah, AIR 1964 SC 1541 (1543): (1964) 5 SCR 37. [Criminal Procedure Code, 1898, ss. 417(3), 200, 202, 156(3) and 173]...
Grievance
Grievance, means such a grievance of the complainant arising out of the failure of the licensee to register or redress of a complaint, and shall include any dispute between the Consumer and the licensee with regard to any complaint or with regard to any action taken by the Licensee in relation to or pursuant to a Complaint. [Gujarat Electricity Regulatory Commission (Establishment of Forun for Redressal of grievous of the Consumers) Regulations, 2004, R. 2(g)]...
Cognizance
Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.Means exercising jurisdiction if it is in respec...
pleading
pleading 1 a : one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses ;also : a written document embodying such a declaration see also relation back b : any of the allegations, averments, claims, denials, or defenses set forth in a pleading alternative pleading : a pleading that sets out an alternative theory in support of a plaintiff's claim for relief or a defendant's defense amended pleading : a pleading that is filed to replace an original pleading and that contains matters omitted from or not known at the time of the original pleading re·spon·sive pleading [ri-spÄ n-siv-] : a pleading that directly responds to another pleading (as by denying in an answer allegations in a complaint) sham pleading : a pleading that is factually false, is not made in good faith, and that may be struck supplemental pleading : a pleading that supplem...
party
party pl: parties 1 a : one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement [the parties to a contract] [a person who signed the instrument as a to the instrument "Uniform Commercial Code"] accommodated party : a party to an instrument for whose benefit an accommodation party signs and incurs liability on the instrument : a party for whose benefit an accommodation is made accommodation party : a party who signs and thereby incurs liability on an instrument that is issued for value and given for the benefit of an accommodated party secured party : a party holding a security interest in another's property third party : a person other than the principals [insurance against injury to a third party] b : one (as an individual, firm, or corporation) that constitutes the plaintiff or defendant in an action ;also : one so involved in the prosecution or defense of a judicial or quasi-judicial proceeding as t...
denial
denial 1 : refusal to grant or allow something [ of due process] [ of a motion] 2 a : an assertion that an allegation is false b : a defense asserting that an opposing party's allegations are false compare affirmative defense at defense, traverse NOTE: Under the Federal Rules of Civil Procedure, allegations that are not denied are taken as admitted, and a statement that a party has insufficient knowledge or information to form a belief as to the truth of an allegation is taken as a denial. A denial must sufficiently state which allegations or parts of allegations are being denied. ar·gu·men·ta·tive denial [Ä r-gyə-men-tə-tiv-] : a denial that asserts facts inconsistent with an allegation made by an adverse party general denial 1 : a denial of all the allegations in a complaint 2 : a denial of all the allegations of a particular paragraph or group of paragraphs in a complaint specific denial 1 : general denial in this entry 2 : a denial of...
answer
answer 1 : the defendant's written response to the plaintiff's complaint in a civil suit in which he or she may deny any of plaintiff's allegations, offer any defenses, and make any counterclaims against the plaintiff, cross-claims against other defendants, or third-party claims against third parties otherwise not involved in the lawsuit 2 : a written response to a counterclaim, cross-claim, or third-party claim : reply see also responsive pleading at pleading NOTE: In federal cases, answers are governed by Rule 12 of the Federal Rules of Civil Procedure. Under Rule 12, certain defenses (as lack of jurisdiction) may be made by motion rather than included in the answer. vi 1 : to serve or file an answer 2 : to make oneself responsible or accountable (as for the debt of another) vt 1 : to reply to in an answer [ the complaint] 2 : to make a defense against (as a charge or accusation) an·swer·able adj ...
bill
bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...
dismissal
dismissal 1 : removal from a position or service 2 a : the termination of an action or claim usually before the presentation of evidence by the defendant in·vol·un·tary dismissal 1 : the dismissal of an action by the court because of the plaintiff's failure to pursue his or her case 2 : the dismissal of an action by the court upon motion of the defendant after presentation of plaintiff's case made on the grounds that the plaintiff has shown no right to relief NOTE: An involuntary dismissal under Federal Rule of Civil Procedure 41(b) prevents the plaintiff from bringing suit again based on the same claim. vo·lun·tary dismissal : the dismissal of an action by the plaintiff NOTE: Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order anytime before the defendant serves an answer or moves for summary judgment, or by stipulation of the parties. Otherwise, a court order is required. A court-ordered dismissal will...
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