Defendant - Law Dictionary Search Results
Home Dictionary Name: defendantDefendant
Defendant [Deft. Abbrev.], the person sued in an action, or indicted for a misdemeanour.It includes--(i) any person from or through whom a defendant derives his liability to be sued.(ii)any person whose estate is represented by the defendant as executor, administrator or other representative. [Limitation Act, 1963 (36 of 1963), s. 2 (e)]...
Pro forma defendant
A pro forma defendant is a defendant named as a matter of formality, who typically has no direct responsibility for the harm alleged, but shares an interest with other defendants, such as being a co-owner of property or successor in interest. For example, a co-owner named on a deed or an heir who inherits property may be named as a pro forma defendant...
defendant
defendant : the party against whom a criminal or civil action is brought see also answer, codefendant compare accused, plaintiff ...
third-party defendant
third-party defendant : a third party who is the object of a third-party complaint ...
Indigent defendant
Indigent defendant, means a person who is too poor to hire a lawyer and who, upon indictment, becomes eligible to receive aid from a court appointed attorney and a waiver of court costs, Black's Law Dictionary, 7th Edn., p. 777...
Respondent
Respondent, a party answering in a suit, whether for himself or another; the defendant in an appeal; the defendant in a suit in the Court for Divorce.It includes an intervener. [Supreme Court Rules, 1966, s. 2 (1) (o)]It means the person who answers any memorandum of appeal. [Consumer Protection Rules, 1987, s. 2 (h)]Means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner. [Protection of Women from Domestic Violence Act, 2005, s. 2(q)]...
accused
accused pl: accused : a person who has been arrested for or formally charged with a crime : the defendant in a criminal case [the shall enjoy the right to a speedy and public trial "U.S. Constitution amend. VI"] NOTE: Certain rights guaranteed by the Constitution, such as the right to counsel, become effective once a person is characterized as an accused. ...
Accused
Accused, means the person or persons against whom a charge of crime or misdemeanour is brought, Webster Law Dictionary, p. 11.Means a person who has been blamed for wrongdoing; specifically a person who has been subjected to actual restraints on liberty through an arrest or a person against whom a formal indictment or information has been returned, Black Law Dictionary, 7th Edn., p. 22.Person charged with crime, commonly called 'the prisoner' if the crime be felony, and 'the defendant' if it be a misdemeanour....
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...