Deny - Law Dictionary Search Results
Home Dictionary Name: denydeny
deny de·nied de·ny·ing 1 : to declare untrue [a party…shall admit or the averments "Federal Rules of Civil Procedure Rule 8(b)"] compare avoid 2 : to refuse to grant [denied the motion for a new trial] ...
Denyingly
In the manner of one denies a request...
estoppel
estoppel [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop ] 1 : a bar to the use of contradictory words or acts in asserting a claim or right against another ;esp : equitable estoppel in this entry compare waiver equitable estoppel : an estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss called also estoppel in pais NOTE: Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Some jurisdictions retain the requirement of misrepresentation. estoppel by deed : an estoppel precluding a person from denying the truth of any matter that he or she asserted in a deed esp. regarding his or her title to the property compare after-acquired title a...
Never Indebted, plea of
Never Indebted, plea of, a species of traverse which occurred in actions of debt on simple contract, and was resorted to when the defendant meant to deny in point of fact the existence of any express contract to the effect alleged in the declaration, or to deny the matters of facts from which such contract would bylaw be implied, Steph. Plead., 7th ed. 153, 156. By R.S.C. 1883, Ord. XIX., r. 17, a defendant may not deny geneally the facts alleged by the plaintiff. See, further, PLEADING....
Toleration Act
Toleration Act (English) (1 W. & M. st. 1, c. 18), confirmed by 10 Anne, c. 2, by which all persons dissenting from the Church of England (except Papists and persons denying the Trinity) were relieved from such of the Acts against Nonconformists as prevented their assembling for religious worship according to their own forms, or otherwise restrained their religious liberty, on condition of their taking the oaths of allegiance and supremacy, and subscribing a declaration against transubstantiation; and in the case of dissenting ministers, subscribing also to certain of the Thirty-nine Articles. So much of the Toleration Act as excepted persons denying the Trinity from its benefits, and so much of the Blasphemy Act of William III as related to persons who 'deny any one of the Three Persons in the Holy Trinity to be God,' were repealed in 1813 by 53 Geo. 3, c. 160. See the case of Lady Hewley's Charities, Shore v. Wilson, (1842) 9 Cl&Fin 355, and the Act was repealed, save for some minor ...
avoid
avoid [modification of Old French esvuider to destroy, literally, to empty, from es- out + vuider to empty] 1 : to make void or undo : annul [the trustee may any transfer of interest of the debtor in property "U.S. Code"] 2 : to respond to (an allegation or averment) by declaring that facts alleged do not result in liability [averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or ed "Federal Rules of Civil Procedure Rule 8(d)"] see also confession and avoidance compare deny 3 : to prevent the occurrence of or responsibility for esp. through lawful means [ a tax] compare evade avoid·abil·i·ty n avoid·able adj avoid·ance n ...
denial
denial 1 : refusal to grant or allow something [ of due process] [ of a motion] 2 a : an assertion that an allegation is false b : a defense asserting that an opposing party's allegations are false compare affirmative defense at defense, traverse NOTE: Under the Federal Rules of Civil Procedure, allegations that are not denied are taken as admitted, and a statement that a party has insufficient knowledge or information to form a belief as to the truth of an allegation is taken as a denial. A denial must sufficiently state which allegations or parts of allegations are being denied. ar·gu·men·ta·tive denial [Ä r-gyə-men-tə-tiv-] : a denial that asserts facts inconsistent with an allegation made by an adverse party general denial 1 : a denial of all the allegations in a complaint 2 : a denial of all the allegations of a particular paragraph or group of paragraphs in a complaint specific denial 1 : general denial in this entry 2 : a denial of...
request for admission
request for admission :a written request served upon another party to an action (as under Federal Rule of Civil Procedure 36) asking that the party admit the truth of certain matters relevant to the action called also request for admissions request to admit NOTE: A party upon whom a request for admission has been served must provide an answer for each matter of which an admission is requested by admitting it, denying it, or giving reasons why it can be neither admitted nor denied. A matter admitted does not have to be proven at trial, but it is established for the purpose of the pending action only. ...
Blasphemy
Blasphemy [fr. bl'ptw, Gk., to hurt, and fhmh, reputation; blasfhmw', to speak impiously; blasphemo, Lat., to revile, Wedgw.], an offence against God and religion, by denying to the Almighty His Being and Providence, or by contumelious reproaches of our Saviour Christ. Also, all profane scoffing at the Holy Scripture, and exposing it to contempt and ridicule. It is an indictable misdemeanour at Common Law, see Reg. v. Ramsay & Foote, (1993) 15 Cox, CC 231.In case an offender has been educated in or at any time made profession of Christianity, the statute 9 & 10 Wm. 3, c. 32 (c. 35 in the Revised Statutes), Chitty's Statutes, tit. 'Criminal Law (Offences against Peace, etc.), commonly called 'The Blasphemy Act,' though it is only directed against apostasy, but is cumulative upon the common law, R. v. Carlile, (1819) 3 B. & Ald. 167, very severely punishes any person 'who shall by writing printing teaching or advised speaking, deny the Christian religion to be true, or the Holy Scripture...
Dispute
Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara Bank v. National Thermal Power Corporation, (2001) 1 SCC 43.The term 'dispute' means a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other, Gujarat State Corporation Land Development Bank v. P.R. Mondkad, (1979) 3 SCC 123: AIR 1979 SC 1203 (1207).There should be dispute and there can only be a dispute when a claim is asserted by one party and denied by the other on whatever grounds. Mere failure or inaction to pay does not lead to the inference of the existence of dispute. Dispute entails a positive element and assertion in denying, not merely inaction to accede to a claim or a request, Inder Singh Pekhi v. D.D.A., AIR 1988 SC 1007 (1009): (1988) 2 SCC 338.Once such a claim is made prior to invocation of arbitrati...
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