Counterclaim - Law Dictionary Search Results
Home Dictionary Name: counterclaimcounterclaim
counterclaim : a claim for relief that is asserted against an opposing party after an original claim has been made compare affirmative defense at defense, cross-action, cross-appeal, cross-claim, interpleader, third-party claim counterclaim vb ...
Counter-claim
Counter-claim, the word 'counter-claim' in s. 19(8) to (11) which is equated to a cross-suit, includes a claim if it is made in an independent suit filed earlier, Union of India, v. Abhijit Tea Co. (P.) Ltd., (2000) 7 SCC 357: AIR 2000 SC 2957 (2965). [Recovery of Debts due to Bank and Financial Institutions Act, 1993, s. 19(8) to (ii)]By (English) R.S.C. 1883, Ord. XIX., r. 3, under the (English) Judciature Act, 1873, s. 24 (3); replaced by the (English) Judicature Act, 1925, s. 39 (1) (a), subject to the provisions of Rule 15, Order XXI, (exclusion of counter-claim), a defendant in an action may set off, or set up by way of counterclaim, against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect as across action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim. (As amended by (English) R.S.C. N...
cross-claim
cross-claim : a claim against a party on the same side of an action (as a coplaintiff or codefendant) compare counterclaim, cross-action, cross-appeal, third-party claim NOTE: Under Rule 13(g) of the Federal Rules of Civil Procedure, a cross-claim must be related to the original action in that it arises from the same transaction or occurrence as the original action or a counterclaim, or involves property that is the subject matter of the original action. cross-claim vi ...
Remitter of actions to County Court
Remitter of actions to County Court. See (English) County Courts Act, 1934 (24 & 25 Geo.5, c. 53), s. 45, which replaces the County Courts Act, 1919, s. 1, which took the place of the County Courts Act, 1888, s. 65. The High Court may remit to the County Court any action brought in the High Court where (1) the plaintiff's claim is founded either on contract or tort and the amount claimed or remaining in dispute does not exceed 100l., whether the counterclaim (if any) exceeds or does not exceed 100l.; or (2) the only matter remaining in dispute is a counterclaim, founded on contract or tort, not exceeding 100l; or (3) by s. 50, the plaintiff'' claim is for recovery of land, with or without a claim for rent or mesne profits, by a landlord against a tenant (or some one claiming by, through, or under him), whose term has expired or been determined or has become liable to forfeiture for non-payment of rent, and the action could have been brought in the County Court. S. 46 provides for the r...
Reply
Reply, the response of the opening counsel on a trial, which is only allowed when evidence has been given in answer to the case first stated, except in the case of the Crown, which is always entitled to reply. See Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), which applies to civil as well as criminal cases.Also the pleading of the plaintiff which follows the defendant's statement of his defence or counter-claim (see R.S.C. 1883, Ord. XXIII.), by which (r. 1), where plaintiff desires to deliver a reply, he shall deliver it within seven days from the delivery of the defence; (r. 2), when a counterclaim is pleaded, a reply thereto shall be subject to the rules applicable to defences. See ISSUE and PLEADING.In federal practice, the plaintiff's response to the defendant's counterclaim (or, by court order, to the defendant's or a third party answer), Black's Law Dictionary, 7th Edn., p. 1302....
recoupment
recoupment 1 : the process or fact of recouping [ of expenses] 2 a : a keeping back of all or part of a sum sought by a plaintiff in the interest of equity see also equitable recoupment b : a reduction in damages because of a demand by the defendant arising out of the same occurrence or transaction c : the right of a defendant to have the claim of the plaintiff reduced or eliminated by reason of a breach of contract or duty by the plaintiff in the same occurrence or transaction ;also : an affirmative defense alleging such a breach d : a counterclaim that arises out of the same occurrence or transaction as that of the original action compare set-off NOTE: Recoupment involves the type of claim that now must be asserted in a compulsory counterclaim. ...
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
Counterclaim
A claim made by a person as an offset to a claim made on him...
Defalcation
A lopping off a diminution abatement deficit Specifically Reduction of a claim by deducting a counterclaim set off...
Amendment
Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs.1. Amendment of proceedings in the Supreme Court. By R. S. C. Ord. XXVIII., r. 1, the Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. This is the general principle. The remaining rules of the Order prescribe the practice in detail; they allow the plaintiff to amend his statement of claim once without leave, and the defendant similarly to amend a counterclaim or set-off. But a defence cannot be amended without le...
- << Prev.
- Next >>