Dismissed - Law Dictionary Search Results

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dismissal

dismissal 1 : removal from a position or service 2 a : the termination of an action or claim usually before the presentation of evidence by the defendant in·vol·un·tary dismissal 1 : the dismissal of an action by the court because of the plaintiff's failure to pursue his or her case 2 : the dismissal of an action by the court upon motion of the defendant after presentation of plaintiff's case made on the grounds that the plaintiff has shown no right to relief NOTE: An involuntary dismissal under Federal Rule of Civil Procedure 41(b) prevents the plaintiff from bringing suit again based on the same claim. vo·lun·tary dismissal : the dismissal of an action by the plaintiff NOTE: Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order anytime before the defendant serves an answer or moves for summary judgment, or by stipulation of the parties. Otherwise, a court order is required. A court-ordered dismissal will...

Dismissed

Dismissed, denotes both termination of service for misconduct by way of punishment and also termination of service simpliciter, Workers Employed in Hirakud Dam v. State of Orissa, (1971) 1 SCC 583: AIR 1971 SC 2242: (1971) 3 SCR 646.Power to dismiss an appeal in limine is a power which must be exercised sparingly and with great circumspection. One would think a conviction for murder and a sentence of imprisonment for life were serious enough matters for the High Court to warrant 'admission' of the appeal and fair and independent consideration of the evidence by the High Court. Summary rejection of the appeal with the laconic expression 'dismissed' seems to be a drastic step in such cases. To so reject an appeal is to practically deny the right of appeal. One cannot also overemphasise the importance of the High Court making a speaking order when dismissing a criminal appeal in limine. 'The requirement of recording reasons for summary dismissal, however concise, serves to ensure proper f...

Dismissal and removal

Dismissal and removal, the dictionary meaning of the word 'dismiss' is 'to let go; to relieve from duty'. The word 'remove' means 'to discharge to get rid off, to dismiss'. In their ordinary parlance, the said words mean nothing more or less than the termination of a person's office. The effect of dismissal or removal of one from his office is to discharge him from that office. In that sense the said words comprehend every termination of the services of a Government servant, Moti Ram Deka v. N.E. Frontier Railway, AIR 1964 SC 600 (621). (Constitution of India, Art. 311)...

Wrongful dismissal

Wrongful dismissal. A wrongful dismissal is an unjustifiable dismissal of a servant by the master from an engagement for services for a fixed time or, if upon notice, before expiration of the period of notice. The servant may elect to treat the contract as repudiated, General Bill Posting Co. v. Atkinson, 1909 AC 118; and see Measures, Ltd. v. Measures, (1910) 2 Ch 248, in which case he can recover wages actually earned on a quantum meruit [see Cutter v. Powell, (1795) 6 Term Rep 320, and Notes, Sm. L.C.], or if he treats the contract as continuing, he may sue for damages for loss of service and such wages as he has lost the opportunity of earning, taking into account the probability of finding another employment of the same kind and degree [see Brace v. Calder, (1895) 2 QB 253], but he cannot sue for a quantum meruit as well as on the contract. The custom that a domestic servant may be dismissed at any time by a month's notice or payment of a month's wages has been judicially proved, ...

dismiss

dismiss 1 : to remove from position or service [ed the employee] 2 : to bring about or order the dismissal of (an action) [the suit was ed] vi : to bring about or order a dismissal [the plaintiff moved to ] ...

Dismission

The act dismissing or sending away permission to leave leave to depart dismissal as the dismission of the grand jury...

Dismissal or removal or reduction in rank

Dismissal or removal or reduction in rank, Any and every termination of service is not a dismissal, removal or reduction in rank. A termination of service brought about by the exercise of a contractual right is not per se dismissal or removal. If the termination of service is founded on the right flowing from contract or the service rules then, prima facie, the termination is not a punishment and carries with it no evil consequences and so Art. 311 is not attracted. A reduction in rank likewise may be by way of punishment or it may be an innocuous thing, Parshotam lal Dhingra v. Union of India, AIR 1958 SC 36: (1958) SCR 828...

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