Contested Matter - Law Dictionary Search Results
contested matter
Matched in: Term contested matter
Controvert
make matter of controversy to dispute or oppose by reasoning to contend against in words or writings to contest to debate
Heard and finally decided
court has exercised its judicial mind and has after argument and consideration come to a decision on a contested matter. It is essential that it should have been heard and finally decided, Pandurang Ramchandra Mandlik v. Shantabai Ramchandra
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Jurisdiction
reference to the power of the court or tribunal over the subject-matter, over the res or property in contest, and to the authority of the court to render the judgement or decree it assumes to make, CIT
priority
rights in the same subject matter [a creditor] [a claim] 2 : of or relating to priority [a contest]
Res judicata
judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of … again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it
Judgment
defendant because he loses a valuable right to defend the suit and his remedy is confined only to contest the plaintiff's case on his own evidence without being given a chance to rebut that evidence. As such … G.H. Bhatia v. Bholumal Dharmdas, AIR 1959 AP 254 (255). Every interlocutory order would be judgments which decide matters of moment and which work serious injustice to the party concerned, Gurmauj Saran Baluja v. Joyce C. Salim,
Burden of proof
to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, … 1950 HP 18. The phrase 'burden of proof' has two meanings one the burden of proof as a matter of law and pleading and the other the burden of establishing a case; the former is fixed as
Colony
colony, are ipso facto in force in such a colony, for there can be no existing laws to contest the superiority; and besides, the occupants could not have any power to establish laws independently of the mother-country, … authority of Parliament. The alterations may be general or partial, leaving the old laws still in force touching matters unprovided for. In the third case (which is strictly a plantation), the English laws, so far as they
Record
the pleadings as are by the Rules permitted to be written. In Scotland, the printed pleadings in a contested action); (b) the volume containing the case, evidence and transcripts of appellants and respondents on appeal to the … See (English) R.S.C. Ord. LXI. Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the party entering the action for
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