Criminal Cause - Law Dictionary Search Results
Home Dictionary Name: criminal cause Page: 3 Page 3 of about 49 results (0.003 seconds)Parties
Parties, a suit under s. 92 of the code is thus a representative suit and as such binds not only the parties named in the suit-title but all those who are interested in the trust, R. Venugopala Naidu v. Venkatarayulu Naidu Charities, AIR 1990 SC 444 (447): 1989 Supp (2) SCC 356. (Code of Civil Procedure, s. 92)Persons jointly concerned in any deed or act; litigants.The Rules of the Supreme Court, 1883, Ord. XVI., make very full provision as to the joinder of parties and the consequences of misjoinder and non-joinder. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alter-native. Two or more defendants may be joined, in case the plaintiff is in doubt as to the person from whom he is entitled to redress. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are the trustees or representatives, without joining any of the parti...
trespass
trespass [Anglo-French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass] : wrongful conduct causing harm to another: as a : a willful act or active negligence as distinguished from a mere omission of a duty that causes an injury to or invasion of the person, rights, or esp. property of another ;also : the common-law form of action for redress of injuries directly caused by such a wrongful act compare trespass on the case in this entry b : trespass quare clausum fregit in this entry con·tinu·ing trespass : a trespass that continues until the act (as of depriving another of his or her property without the intent to steal it) or instrumentality (as an object placed wrongfully on another's land) causing it is ended or removed criminal trespass : trespass to property that is forbidden by statute and punishable as a crime as distinguished from trespass that creates a cause o...
Arrest of judgment
Arrest of judgment, Formerly an unsuccessful defendant might move that the judgment for the plaintiff be arrested or withheld, notwithstanding a verdict given, on the ground that there was some substantial error appearing on the face of the record which vitiated the proceedings. (See now R.S.C. Ords. XXVII. And XXXIX.) Judgment may be arrested for good cause in criminal cases, if the indictment be insufficient. See Archbold's Criminal Pleading.Means the staying of judgment after its entry, especially, a court's refusal to render or enforce a judgment because of a defect apparent from the record. At Common Law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleading or when the case alleged in the pleadings is legally insufficient. Today, that type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded, ...
Damage
Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA.The expression 'damage' is not necessarily confined to physical damage. Ordinarily damage is caused by physical contact of the ship, such as in collision. But damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the vessel, as, for example, when cargo is damaged by exposure to weather or by negligent stowage, or, by the misconduct of those in charge of the ship, like when cargo is disposed of contrary to the instructions of the owner or by reason of theft and other misdeeds. In all these cases, damage arises by reason of loss caused by what is done by the ship or by the breach, negligence or misdeeds of those in charge of the ship. It must however be noticed that the expression 'damage done by any ship' has been construed by the English Courts as not to app...
Criminal conversation
Criminal conversation, adultery. See ADULTERY. The action for this (called crim. Con.) was nominally abolished by the (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 59; but s. 33 [replaced by the (English) Judicature Act, 1925, s. 189] gives a husband the right to claim damages from adulterer, either in a petition for dissolution of marriage or for judicial separation,or in a petition limited to that object; and the damages claimed must be assessed by a jury upon the same principles and rules as were formerly applicable to the trial of actions for criminal conversation, and the Court may direct that they be settled for the benefit of the children of the marriage or as a provision for the wife...
cruelty
cruelty pl: -ties 1 a : an intentional or criminally negligent act that causes pain and suffering [ to animals] [ to children] b : mistreatment or neglect that causes pain and suffering compare abuse NOTE: Cruelty is an aggravating circumstance to a crime (as murder). 2 : a spouse's conduct that endangers life or health or causes mental suffering or fear called also cruel and inhuman treatment NOTE: Cruelty is a ground for divorce. ...
Plea
That which is alleged by a party in support of his cause in a stricter sense an allegation of fact in a cause as distinguished from a demurrer in a still more limited sense and in modern practice the defendants answer to the plaintiffs declaration and demand That which the plaintiff alleges in his declaration is answered and repelled or justified by the defendants plea In chancery practice a plea is a special answer showing or relying upon one or more things as a cause why the suit should be either dismissed delayed or barred In criminal practice the plea is the defendants formal answer to the indictment or information presented against him...
Rashness
Rashness, Rashness consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury. The criminality lies in such a case in running the risk of doing such an act with recklessness or indifference as to the consequences. Criminal negligence on the other hand, is the gross and culpable neglect or failure of exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was the impera-tive duty of the accused person to have adopted, S.N. Hussain v. State of Andhra Pradesh, AIR 1972 SC 685 (687): 1972 3 SCC 18. (Indian Penal Code, s. 304A)...
concert of action
concert of action : a theory in torts that imposes liability on all defendants who have committed tortious acts that contributed to the plaintiff's injury even though only one actually caused the injury compare alternative liability at liability 2 : a rule in criminal law that holds an aider and abettor liable for commission of a criminal act by the principal NOTE: Concert of action does not apply where the crime requires more than one person for its commission. ...
demurrer
demurrer [Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay] : a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance NOTE: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction. demurrer to the evidence : a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to...
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