Default Summons - Law Dictionary Search Results
Home Dictionary Name: default summons Page: 5Indorsement of claim
Indorsement of claim. By R.S.C. 1883, Ord. II., r. 1, every writ of summons in the High Court must be indorsed with a statement of the nature of the claim made, or of the relief or remedy required. And by Ord. III. it is further provided that the indorsement of claim shall be made on every writ of summons before it is issued (r. 1). See, further, LEAVE TO DEFEND...
District Registry
District Registry. By the (English) Judicature Act, 1925, s. 84, replacing the (English) Judicature Act, 1873, s. 60, it is provided that to facilitate proceedings in country districts the Crown may, from time to time, by Order in Council, create district registries and appoint district registrars for the purpose of issuing writs of summons and for entertaining proceedings generally in an action down to and including entry for trial. Documents sealed in any such district registrary are to be received in evidence without further proof; and the district registrars may administer oaths or do other things as provided by rules or a special order of the Court (s. 62). Power, however, is given to a judge to remove proceedings from a district registry to the Office of the High Court; and see generally, (English) Judicature Act, 1925, ss. 84-87, and Judicature Act, 1873, ss. 74 and 66, which are still unrepealed. By Order in Council of 12th of August, 1875, a number of district registries have ...
Challenge
An invitation to engage in a contest or controversy of any kind a defiance specifically a summons to fight a duel also the letter or message conveying the summons...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
Masters of the Supreme Court
Masters of the Supreme Court, in the King's Bench Division, officials, seven in number, deriving their title from the (English) Jud. (Officers) Act, 1879 (see now Jud. Act, 1925, ss. 106, 122, Sched. III., Part I.), and filling the places of the Masters of the Common Law Courts, the King's Coroner and Attorney, the Master of the Crown Office, the two Record and Writ Clerks, and the three Associates. Their jurisdiction is mainly to hear summonses for directions (see DIRECTIONS, SUMMONS FOR), to supervise pleadings, and decide as to discovery. There are also Masters in the Chancery Division who have succeeded to the position and powers of the Chief Clerks of the Chancery judges, the title of 'Master of the Supreme Court' having been substituted for that of 'Chief Clerk in 1897. Under the present system there are three sets of Chancery Chambers, each with four Masters and attached to two judges. The duties of the Masters are to hear summonses for directions, take accounts and answer inqui...
Proclamation
Proclamation, means the notice publicly given of the absence of a person for whose attendance in court various summons were taken but could not be served on account of his absconding, Code of Criminal Procedure, 1973, s. 87.Proclamation, publication by authority; a notice publicly given of anything whereof the King thinks fit to advertise his subjects. Proclamation is used particularly in the beginning or calling of a Court, and at the discharge or adjourning thereof, for the attendance of persons and dispatch of business, Jac. Law Dict.S. 2 of the West Bengal (Prevention of Violent Activities) Act, 1979 defined 'proclamation' to mean the proclamation issued on March 19, 1970, under Article 356 of the Constitution by the President, and published with the notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 490 of the said date, Nishi Kanta Mondal v. State of West Bengal, AIR 1972 SC 1497: (1972) 2 SCC 486: (1973) 1 SCR 224....
Warrant
Warrant, an authority; a precept under hand and seal to some officer to arrest an offender, to be dealt with according to due course of law; also, a writ conferring some right or authority, a citation or summons.Means a warrant issued under sub-s. (1) of s. 7 of sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003 (49 of 2003), s. 2(d)]A writ directing or authorising some one to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure, Black's Law Diction-ary, 7th Edn., p. 1579.Warrant, means a warrant issued under sub-s. (1) of s. 7 or sub-s. (2) of s. 12, as the case may be. [Repatriation of Prisoners Act, 2003, s. 2(d)]...
Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
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