Defence - Law Dictionary Search Results
Home Dictionary Name: defenceDefence
Defence [fr. defensio, Lat.], popularly a justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint.In Civil matters, a defence (which is always in writing or printed) is either (1) by statement of defence, which may be a denial of the plaintiff's right, or may be an allegation of a set-off or counterclaim by the defendant which will cover wholly or in part the claim of the plaintiff; or (2) by a statement of defence raising a point of law, so as to show that the facts alleged by the plaintiff do not disclose any cause of action to which effect can be given by the Court; see R.S.C., Ord. XXV., sub-stituted for the old 'demurrer.' See STATEMENT OF DEFENCE DEMURRER.In certain cases, e.g., where the plaintiff's claim is for a liquidated sum only, he may specially indorse his writ, and in such case leave must be obtained to defend (R.S.C. 1883, Ord. III., R. 6; Ord. XIV.).In Criminal matters (which is always by word of mout...
Poor Prisoners, Defence of
Poor Prisoners, Defence of. The (English) Poor Prisoners Defence Act, 1930 (20 & 21 Geo. 5, c. 32), repealing the Poor Prisoners' Defence Act, 1903, entitles any person to free legal aid in the preparation and conduct of his defence at the trial and to have solicitor and counsel assigned to him for that purpose, if a certificate, called the 'defence certificate,' is granted by the justices committing him for trial or of the judge or chairman of the court before which he is to be tried, at any time after reading the depositions. The certificate is grantable only 'when it appears to the certifying authority that his means are insufficient to enable him to obtain such aid, and must be granted in respect of any person committeed for trial on a charge of murder, and may be granted when a person committed for trial upon any other charge, if it appears to the authority, having regard to all the circumstances of the case (including the nature of such defence, if any, as may have been set up) t...
Defence struck off or defence struck out
Defence struck off or defence struck out, The phrase 'defence struck off' or 'defence struck out' is not unknown in the sphere of law. Indeed it finds a place on Order XI, Rule 21 of the Code of Civil Procedure: Where any party fails to comply with any order to answer interrogatories, or for discovery of inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defences, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect, and an order may be made accordingly, Paradise Industrial Corpn. v. M/s. Kiln Plastics Products, (1976) 1 SCC 91: AIR 1976 SC 309: (1976) 2 SCR 32. (CPC, O. 11, R. 21)...
Defence of the Realm Acts
Defence of the Realm Acts, 1914 (4 & 5 Geo. 5, cc. 29, 63), Acts passed to confer on His Majesty in Council power to make regulations during the war with Germany for the defence of the realm. The power was of a very extensive nature. They were consolidated and amended by the (English) Defence of the Realm Consolidation Act, 1914 (5 Geo. 5, c. 8), the earlier Acts being repealed, and further amended by the (English) Defence of 'the Realm (Amendment) Acts, 1915 (5 Geo. 5, cc. 34, 37), and (5 & 6 Geo. 5, c. 42). These Acts ceased to be of effect on 31st August, 1921, the date fixed by Order in Council as the termination of the war. The (English) Defence of the Realm (Acquisition of Land) Acts, 1916 and 1920, provided for the occupation of land taken by the Government in connection with the war for two years (extended to five) after the termination of the war. See A.-G. v. De Keyser's Royal Hotel, Ltd., 1920 AC 508....
Right of private defence
Right of private defence, the right of private defence of person and property is recognised in all free, civilised, democratic societies within certain reasonable limits. Those limits are dictated by two considerations: (1) that the same right is claimed by all other members of the society and (2) that it is the State which generally undertakes the responsibility for the maintenance of law and order. The citizens, as a general rule, are neither expected to run away of safety when faced with grave and imminent danger to their person or property as a result of unlawful aggression, nor are they expected, by use of force, to right the wrongs done to them or to punish the wrongdoer for commission of offences. The right of private defence serves a social purpose and as observed by the Supreme Court more than once there is nothing more degrading to the human spirit than to run away in face of peril. But this right is basically preventive and not punitive, Gottipulla Venkata Siva Subbrayanam v...
Equitable claims and defences at Common Law
Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such judgment on equitable grounds, by way of defence, and also enabled the plaintiff to avoid such defence by a replication upon equitable grounds. A plea on equitable grounds was good at Law only where an absolute and unconditional injunction wold be granted in Equity.The (English) Judicature Act, 1925, s. 36, and follow-ing sections, reproducing s. 24 of the (English) Judicature Act, 1873, has combined the jurisdiction of the Courts of Common Law and Equity so that legal and equitable remedies may be granted in the same Court but without affecting the nature of the rights. The object is to avoid multiplicity of actions and it does not confer a new jurisdiction (The James Westall, 1905, P., p. 51), and if there is any conflict or variance between the rules...
Confession of defence
Confession of defence. Where defendant alleges a ground of defence arising since the commencement of the action, the plaintiff may deliver confession of such defence and sign judgment for his costs up to the time of such pleading, unless it be otherwise ordered. [(English) R.S.C. 1883, Order XXIV., r. 3.]...
Self-defence
Self-defence, is a legal right and as with other legal rights the question whether a specific state of facts warrants its exercise is a legal question. It is not a question on which a State is entitled, in any special sense, to be a judge in its own cause, the Law of Nations, 5th Edn., 1955, p. 319.Means the use of force to protect oneself, one's family, or one's property from a real or threatened attack, Black's Law Dictionary, 7th Edn., p. 1364.Self-defence. both the life and limbs of a man are of such high value, in the estimation of the law of England, that it pardons even homicide, if committed se defendendo, or in order to preserve them. See DEFENCE; HOMICIDE.The use of force to protect oneself, one's family, or one's property from a real or threatined attack, Black's Law Dictionary, 7th Edn., p. 1364....
Special defence
Special defence, in a county Court. A defendant must give notice to the plaintiff when he intends to rely on a defence of set-off or counterclaim, infancy, coverture, statute of limitations, bankruptcy, or equitable defence. for example, he must specially plead the Statute of Frauds, and if he fails to do so in one action he may be estopped from doing so in a subsequent action, Humphries v. Humphries, (1910) 2 KB 531....
Civil defence
Civil defence, includes any measures, not amounting to actual combat, for affording protection to any person, property, place or thing in India or any part of the territory thereof against any hostile attack, whether from air, land, sea or other places, or, for depriving any such attack of the whole or part of its effect, whether such measures are taken before, during, at or after the time of such attack. [Civil Defence Act, 1968 (27 of 1968), s. 2 (a)]...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial