Double Pleading - Law Dictionary Search Results
Home Dictionary Name: double pleadingDouble pleading
Double pleading. This was not allowed either in the declaration or subsequent pleadings. Its meaning with respect to the former was, that the declaration must not, in support of a single demand, allege several distinct matters, by any one of which that demand is sufficiently supported. With respect to the subsequent pleadings, the meaning was that none of them was to contain several distinct answers to that which preceded it; and the reason of the rule in each case was, that such pleading tended to several issues in respect of a single claim. See Steph. Plead., pp. 313 et seq...
Duplicity
Duplicity, the term corresponding to double pleading in law. See DOUBLE PLEADING AND PLEADING....
Protestando
Protestando, a word made use of to avoid double pleading in actions; it prevented the party that made it from being concluded, by the plea he was about to make, that issue could not be joined upon it; and it was also a form of pleading, where one would not directly affirm or deny anything alleged by another or himself. It was formally abolished by Rule of Court in 1834, whereby it was rendered unnecessary, Chit. Pl. 646.As to protestation in equity pleadings, consult Story's Eq. Pl.; Daniell's Chancery Practice....
pleading
pleading 1 a : one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses ;also : a written document embodying such a declaration see also relation back b : any of the allegations, averments, claims, denials, or defenses set forth in a pleading alternative pleading : a pleading that sets out an alternative theory in support of a plaintiff's claim for relief or a defendant's defense amended pleading : a pleading that is filed to replace an original pleading and that contains matters omitted from or not known at the time of the original pleading re·spon·sive pleading [ri-spÄ n-siv-] : a pleading that directly responds to another pleading (as by denying in an answer allegations in a complaint) sham pleading : a pleading that is factually false, is not made in good faith, and that may be struck supplemental pleading : a pleading that supplem...
Double taxation
Double taxation, The expression 'double taxation' is often used in different senses, namely, in its strict legal sense of direct double taxation and in its popular sense of indirect double taxation. Double taxation in the strict legal sense means taxing the same property or subject matter twice, for the same purpose, for the same period and in the same territory. To constitute double taxation, the two or more taxes must have been (1) levied on the same property or subject matter, (2) by the same government or authority, (3) during the same taxing period, and (4) for the same purpose, Sri Krishna Das v. Town Area Committee, (1990) 3 SCC 645: AIR 1991 SC 2096. (Income-tax Act, 1961, s. 4)See also C.I.T. v. P.V.A.L. Kulandagan Chattiar, (2004) 6 SCC 235.Double taxation, is that to constitute double taxation, objectionable or prohibited, the two or more taxes must be (1) Imposed on the same property, (2) by the same State or Government, (3) during the same taxing period, and (4) for the sa...
Pleading
Pleading. 1. In its general sense, the proceedings from the statement of claim to issue joined, i.e., the opposing statements of the parties. 2. Any part of these proceedings.The science of pleading was no doubt derived from Normandy. The use of stated forms of pleading is not to be traced among the Anglo-Saxons. Pleading was cultivated as a science in the reign of Edward I. The object of pleading is to ascertain, by the production of an issue, the subject for decision. Before the Judicature Acts, pleading under the Judicature Act is intended to combine the advantages of the two systems; it being provided by R.S.C. 1883, Ord. XIX., Rule 4, that 'every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies; but not the evidence by which they are to be proved,' and 'shall, when necessary, be divided into paragraphs numbered consecutively.' Consult Bullen and Leake, or Odgers on Pleading.A pleading has to be read as...
plead
plead plead·ed or: pled also: plead [pled] plead·ing [Anglo-French plaider to argue in a court of law, from Old French plaid legal action, trial more at plea ] vi 1 : to make an allegation in an action or other legal proceeding ;esp : to answer the pleading or charge of the other party by denying facts therein stated or by alleging new facts [the defendant shall be given a copy of the indictment or information before the defendant is called upon to "Kansas Statutes Annotated"] see also alternative 2 : to make a specific plea [ not guilty] ;also : to make a plea of guilty [agreed to to the lesser charge] vt 1 : to allege in or by way of a pleading : state in a pleading [unless plaintiff s and proves facts showing actual malice, he cannot recover punitive damages "Kumaran v. Brotman, 617 N.E.2d 191 (1993)"] [ a case of fraudulent conveyance] 2 : to offer as an excuse [cannot ignorance of the law] plead·able adj plead·er n ...
Double complaint, or Double quarrel
Double complaint, or Double quarrel, duplex querela, a grievance made known by a clerk or other person, to the archbishop of the province, against the ordinary, for delaying or refusing to do justice in some cause ecclesiastical, as to give sentence, or institute a clerk, as in the celebrated case of Gorham v. Bishop of Exeter, (1850) 19 LJ Ex 376, CP 200, QB 279, in which the plaintiff, a clerk, succeeded on appeal in duplex querela against the defendant for not instituting him on the ground of alleged unorthodox views on Baptism, etc. It is termed a double complaint, because it is most commonly made against both the judge and him at whose suit justice is denied or delayed; and by Canon 95 the period of two months which the bishop had to inquire of the sufficiency of a clerk was abridged to twenty-eight days, before the expiration of which a duplex querela could not be brought....
Double insurance
Double insurance takes place when the assured makes two or more insurances on the same subject, the same risk, and the same interest. The assured may recover the amount of his actual loss against any of the insurers, but nothing beyond this, and if he obtains full satisfaction from one of the assurers, the latter is entitled to contribution from the others. Excess of indemnity received by the assured is held by him in trust for the assurers. Double insurance is therefore entirely different from re-insurance, which is effected by the underwriter to secure himself from a loss. Double insurances are not prohibited by the law maritime unless fradulently made; see Arnould on Marine Insurance, 8th Edn. P. 430; the Marine Insurance Act, 1906, ss. 32, 80; Newby v. Reid, (1763) 1 W Bl 416.Double insurance is prohibited under the (English) National Health Insurance, Old Age, and Widows, etc., (English) Contributory Pensions Act, 1936....
Double the ordinary rate of wages
Double the ordinary rate of wages, by using the phrase 'double the ordinary rate of wages' the rule-making authority seems to us to have intended that the worker should be the recipient of double the remuneration which he, in fact, ordinarily receives and not double the rate of minimum wages fixed for him under the Act, Y.A momarde v. Authority, AIR 1972 SC 1721 (1726). [Madhya Pradesh Minimum Wages Rules (1951), s. 25(1)(b)]...
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