Default Summons - Law Dictionary Search Results
Home Dictionary Name: default summons Page: 3 Page 3 of about 227 results (0.004 seconds)Process
Process, includes any practice, treatment and mode of manufacture of any article. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2(o)]Is largely taken for all the proceedings in any action or prosecution, real or personal, civil or criminal, from the beginning to the end; strictly, the summons by which one is cited into a Court, because it is the beginning or principal part thereof, by which the rest is directed, Britt. 138.At Common Law the three superior courts at Westminster, in personal actions, differed greatly, before the Uniformity of Process Act, 1832, in their modes of process, and even the same court admitted a considerable variety of methods, according to the circumstances of the case. The ordinary process in Chancery suits was service of a copy of the bill or claim, with an endorsed citation, which required the defendant to appear on a certain day.The process now for the commencement of all actions is the same in all the Divisions of the High Court of Justice, and i...
Act of Bankruptcy
Act of Bankruptcy, an act, the commission of which by a debtor renders him liable to be adjudged a bankrupt if the petition is presented within three months thereafter.Under s. 1 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), any one of the following acts of a debtor is an act of bankruptcy:-(a) Having made an assignment of his property in trust for his creditors generally.(b) Having made a fradulent conveyance, gift, delivery, or transfer of his property, or of any part thereof.(c) Having made a conveyance amounting to a 'fradulent preference.'(d) Having, with intent to defeat or delay his creditors, departed out of England, or being out of England, remained out of England; or having absented himself; or begun to keep house.(e) If execution against him has been levied by seizure of his goods under process in any Court or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days:Provided that where an interpleader su...
Dismissal of action
Dismissal of action. This may take place upon default in delivery of statement of claim, failure to give notice of trial, failure within 14 days to take out a summons for directions, etc, (English) R.S.C. 1883, Ord. XXVII., r. 1; XXXVI., r. 12; XXX., r. 8....
Leave to defend
Leave to defend. The repealed (English) Bills of Exchange Act, 1855 (18 & 19 Vict.c.67), commonly called 'Keating's Act,' allowed actions on bills or notes commenced within six months after being due, to be by writ of summons in a form provided by the Act, and, unless the defendant should within twelve days obtain leave to appear and defend the action, allowed the plaintiff to sign judgment on proof of service. This procedure was retained by the (English) Judicature Act, 1875, Ord. II., r. 6, but abolished in 1880 by Ord. II., r. 6 (annulled 1917).By (English) R.S.C. 1883, Ord. III., r. 6, as amended by (English) R.S.C. 1933, in respect of forfeiture for non-payment of rent, it is provided that in all actions where the plaintiff seeks merely to recover a debt or liquidated demand (see QUANTUM MERUIT) in money, or possession where a tenancy has expired or been determined by notice to quit, or has become liable to forfeiture for non-payment of rent, the writ of summons may, at the option...
Step or proceeding
Step or proceeding, explanation (a) to s. 20(4) of the U.P. Act, provides: 'For the purposes of this sub-s.:- (a) the expression 'first hearing' meant the first date for any step or proceedings mentioned in the summons served on the defendant. The step or proceeding mentioned in the summons referred to in the definition should be construed to be a step or proceeding to be taken by the Court for it is, after all, a 'hearing' that is the subject-matter of the definition, unless there be something compelling in the said Act to indicate otherwise. Further, it is not possible to construe the expression 'first date for any step or proceeding' to mean the step of filing the written statement, though the date for that purpose may be mentioned in the summons, for the reason that, it is permissible under the Code for the defendant to file a written statement even thereafter but prior to the first hearing when the Court takes up the case, since there is nothing in the said Act which conflicts wit...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
service
service 1 : the act of delivering to or informing someone of a writ, summons, or other notice as prescribed by law [after of process] see also notice by publication at notice, substituted service, summons NOTE: Although service of process is primarily the means for a court to exert personal jurisdiction over a person, some form of service (as by publication of notice in a newspaper) is also usually required for exercise of in rem or quasi in rem jurisdiction. 2 a : useful labor that does not produce a tangible commodity usually used in pl. [payment for s rendered] b : the maintenance or repair of tangible property [machinery for the and improvement of the residence] vt ser·viced ser·vic·ing : to provide services for: as a : to meet interest and sinking fund payments on (debt) [didn't have the cash flow to a large loan] b : to collect payments and maintain a payment schedule for (a loan) esp. after sale of the loan to a secondary mortgage market (as the Federal ...
Monition
Monition, 1. Generally, a warning or caution; Admonition. 2. Civil & Maritime law. A summons to appear in court as a defendant or to answer contempt charges. 3. A formal Notice from a bishop demanding that an offence within the clergy be corrected, Black's Law Dictionary, 7th Edn., p. 1022.Monition, a summons or citation; a direction by an ecclesiastical judge to a defendant to abstain from practices contrary to ecclesiastical law; see Dale's case, (1881) 7 QBD 376: 7 App Cas 240...
service of process
service of process bringing a judicial proceeding to the notice of a person affected by it by delivering to him or her a summons, or notice of the proceeding. See summons. Source: Federal Judicial Center ...
Citation
An official summons or notice given to a person to appear the paper containing such summons or notice...
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