Discussion - Law Dictionary Search Results
Home Dictionary Name: discussionDiscussion
Discussion. By the Roman Law sureties were not primarily liable to pay the debt for which they became bound as sureties: but were liable only after the creditor had sought payment from the principal debtor, and he had failed to pay. This was called the benefit or right of discussion. Under those systems of jurisprudence which adopt the Roman Law, and under the present law of France, the rule is similar; and the obligation contracted by the surety with the creditor is, that the latter shall not proceed against him until he has first discussed the principal debtor, if he is solvent. This right the surety enjoys, as the beneficium ordinis vel excussionis. And again, if other persons are joined with him in the obligation as sureties, he is not in the first instance to be proceeded against for the whole debt, but only for his share of it, if his co-sureties and co-obligees are solvent. This is commonly known as the benefit of division, or beneficium divisionis. Story's Confl. of Laws, 456...
benefit of discussion
benefit of discussion see benefit ...
discussant
a participant in a discussion especially a member of a panel...
Discusser
One who discusses one who sifts or examines...
Discussion
The act or process of discussing by breaking up or dispersing as a tumor or the like...
discussive
Able or tending to discuss or disperse tumors or coagulated matter discutient...
Benefit of discussion
Benefit of discussion, is that whereby the antecedent heir, such as the heir of line in a pursuit against the heir of tailzie, etc., must be first pursued to fulfil the defunct's deeds and pay his debts. This benefit is likewise competent in many cases to cautioners, Scots Law.A guarantor's right to require a creditor to seek payment from the principal debtor before seeking payment from the guarantor; Black's Law Dictionary, 7th Edn....
Consultation
Consultation, in Words and Phrases (Permanent Edition, 1960, Volume 9, page 3) to 'consult' is defined as 'to discuss something together, to deliberate'. Corpus Juris Secundum (Volume 16A, Edn. 1956, page 1242) also says that the word 'consult' is frequently defined as meaning 'to discuss something together, or to deliberate'. By giving an opportunity to consultation or deliberation the purpose thereof is to enable the Judges to make their respective points of view known to the others and discuss and examine the relative merits of their view, High Court of Judicature for Rajasthan v. P.P. Singh, (2003) 4 SCC 239: AIR 2003 SC 1029 (1038). [Rules of High Court of Judicature for Rajasthan (1952), R. 15]A writ in the nature of a procedendo, whereby a cause, having been removed by prohibition from the Ecclesiastical Court to the King's Court, is returned thither again; for if the judges of the King's Court, upon comparing the libel with the suggestion of the party, find the suggestion false...
Debate
Debate, is a sum of money reduced to a certainty and does not include a claim for uncertain damages, A Dictionary of Law, Willium C. Anderson, 1889, p. 315.Is a sum payable in respect of a liquidated money demand recoverable by action, Stroud's Dictionary of Law, p. 612When the debate on any motion becomes unduly protracted the speaker can fix a time limit for its completion. At the appointed hour, the question is put forthwith and thus the debate on the subject is closed, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, rule 263.A member has to be relevant to the subject under discussion, if he persists in irrelevance the Speaker can direct him to discontinue his speech, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, rule 356.In the Indian Parliament, a debate takes place on a motion, resolution etc., moved in the House, Debate also takes place under short duration discussion although no formal motion has been moved; no debate is all...
Adjournment Motion
Adjournment Motion, means a motion for discussing 'a specific and important matter that should have urgent consideration'. Wilding and Laundry, the Office of the Speaker in Parliament of Commonwealth, p. 247. 'Adjourn motion' is a motion which can be moved by any member of the House and is in the nature of emergency motion of censure upon the government. Wilding and Laundry -- The Office of the Speaker in Parliament of Commonwealth, p. 9.The object is to draw the attention of the Govern-ment to a matter of urgent public importance so as to criticize the decision of Government in an urgent matter in regard to which a motion or resolution with proper notice will be too late. Kaul and Shakdher -- Practice and Procedure of Parliament, 5th Edn., 2001, p. 496.If the Speaker gives his consent after satisfying himself that the matter to be raised is definite urgent and of public importance and holds that the matter proposed to be discussed is in order, he shall call the member concerned who sh...
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