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Home Dictionary Name: directedMandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Direction
Direction, the rule of law in a case given to a jury. See DIRECT.The direction is a direction which the appellate or revisional authority, as the case may be, is empowered to give under the section, ITO v. Murlidhar Bhagwandas, AIR 1965 SC 342: (1964) 6 SCR 411.It must be an express direction necessary for the disposal of the case before the authority or court. It must also be a direction which the authority or court is empowered to give while deciding the case before it, Rajinder Nath v. C.I.T., AIR 1979 SC 1933 (1935). [Income-tax Act, 1961, s. 153(3)(ii)]A direction may mean an order issued to a particular individual or a precept which many may have to follow. It may be a specific or a general order, Kanhiya Lal Omar v. R.K. Trivedi, AIR 1986 SC 111 (118): (1985) 4 SC 628.The word 'direction' in the context of users of the road or motorists on the road should invariably only mean, to show the way or path towards an object or point or indicate the route for a destination. A direction...
Summons
Summons [fr. the writ called summoneas--Pegge's Anecd. Of the Eng. Lang., 2nd Edn. 173], a call of authority, admonition to appear in court, a citation.1. To commence Action in High Court, By R.S.C. Ord. II., r. 1(see Annual Practice):-Every action in the High Court shall be commenced by a writ of summons, which shall be indorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action, and which shall specify the Division of the High Court to which it is intended that the action should be assigned.See also SUMMARY JUDGMENT.2. To Judges' or Masters' Chambers.--The means by which one party brings the other before a judge (or a master) to settle matters of detail in the procedure of a suit; as, for directions; to modify pleadings when inconvenient, to require security for costs, to change the venue, etc. There is an appeal from the decision of a master to the judge, and from the judge's decision to the Court of Appeal.3. To Court of Summary Juri...
Directive principles of State Policy
Directive principles of State Policy, some of the important directive principles require the State to strive to secure for its citizen legal justice and free legal aid, Constitution of India, Art. 39(A).A law giving effect to any of the Directive Principles shall not be void on the ground that it is inconsistent with or takes away or abridges only of the rights conferred by Article 14 or Article 19 of the Constitution, Constitution of India, Art. 3(C).is the constitutional directions and principles fundamental in the governance of the country, Constitution of India, Art. 37.Broadly classified under three categories (i) economic ideals which State should strive to attain, (ii) directions to the legislatures and executive regarding their exercise of powers, and (iii) certain rights of the citizens which the State has to secure by its legislative and administrative policy, Commentary of the Constitution of India, Durga Das Basu, Vol. 11, p. 303.It is the duty of the State to apply these p...
Directly
Directly, The word 'directly', according to Webster's New World Dictionary, means 'in a direct way, without a person or thing coming between'; 'immediately as directly responsible', The use of the expression 'directly' in the context of the word 'worked', followed by the words 'by him' unmistakably shows that the Legislative intent was to allow only those intermediaries to retain land comprised nor appertaining to a mine, as lessees under the State, who immediately before the date of vesting, were working the mine under their immediate control, management and supervision. Thus construed, the phrase 'being directly worked by him' in the s. will not take in a case where the mine was being worked through a lessee or licensee to whom the right to conduct mining operations and to take away the mineral had been granted by the intermediary in consideration of receiving a periodic rent, royalty or a like amount, Shri Shri Tarakeshwar Sio Thakur Jiu v. Bar Dass Dey & Co. (1979) 3 SCC 106: AIR 1...
Directions, summons for
Directions, summons for, one general summons with respect to pleadings, discovery, and other matters previous to trial first authorized by R. S. C. 1883, Ord. XXX., for the purpose of saving the expense of many successive summonses, and of enabling the Court, through the particular master to whom each action is assigned, to obtain control over the action at an early stage. It is compulsory to take out this summons in all actions except Admiralty actions, or actions where the writ has been specially indorsed, or where the plaintiff proposes to proceed to trial without pleadings. See annual Practice....
mandamus
mandamus [Latin, we enjoin, from mandare to enjoin] : an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available ;also : an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay NOTE: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. mandamus vb ...
summons
summons pl: sum·mons·es [-mən-zəz] : a written notification that one is required to appear in court: as a : a document in a civil suit that is issued by an authorized judicial officer (as a clerk of court) and delivered to a plaintiff or the plaintiff's attorney for service on the defendant and that notifies the defendant that he or she must appear and defend (as by filing an answer) within a specified time or a default judgment will be rendered for the plaintiff b : a document that summons a defendant to appear before a court to answer a minor criminal charge and that is issued in lieu of a warrant for arrest by an authorized judicial officer (as a magistrate) upon request of a prosecuting attorney c : a notification to appear for jury service d : a notification to appear as a witness see also john doe summons, service compare subpoena vt sum·monsed [-mənzd] sum·mons·ing [-mən-zi] : summon ;esp : to bring into court by a summons ...
Default summons
Default summons, a procedure in the county courts for the summary recovery of a debt or liquidated demand. These summonses are of two kinds: (i.) Ordinary Default Summonses; and (ii.) Special Default Summonses. (i.) an Ordinary Default Summons is only applicable to liquidated demands between 2l. and 10l., and is not available against a working-class defendant, except in the case of a trade debt, where the claim exceeds 5l. The plaintiff can sign judgment after eight days from service if the defendant has failed to give notice of defence stating the facts upon which he relies. (ii.) A Special Default Summons is only applicable to liquidated demands over 10l., and cannot be issued against a working-class defendant, except for a trade debt incurred by him. The plaintiff can sign judgment as in (i.) unless the defendant has filed an affidavit of defence within eight days. A special default summons corresponds to the Order XIV. Procedure of the High Court.See (English) County Court Rules, 1...
Originating summons
Originating summons, a summons without writ, returnable in the chambers of a judge of the High Court. summonses of this description are very frequently issued in the Chancery Division for the determination of particular questions arising in the administration of an estate or trust, without the administration of the whole estate or trust; for settling questions between vendors and purchasers (see VENDOR AND PURCHASER SUMMONS); for foreclosure or redemption of mortgages; for determining questions of construction of a written instrument, and for numerous other purposes; see R.S.C. 1883, Ords. LIV. LIVA., LIVB., LIVC., and LV. Et seq. If the question raised is one requiring argument it is generally adjourned into Court; if it is a simple matter the judge will determine it in Chambers. The summons may be taken out by any person interested, and is served on the persons whose rights are sought to be affected. This procedure was first established in 1883 by the Rules of that year, and has been...
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