Ex Parte - Law Dictionary Search Results
Home Dictionary Name: ex parte Page: 3Publication
Publication, divulgation; proclamation; also 'the communication of defamatory words to some person or persons other than the person defamed' (Odgers on Libel).The publication of fair reports of legal proceedings in Court (other than ex parte proceedings) is a Common Law right exempt from proceedings for libel.As to the publication of an apology for libel in a newspaper, see LIBEL.Is essential in an action of defamation that the publication be to a third person, though the law is otherwise in Scotland. Thus, there can be no publication as between husband and wife, Wennhak v. Morgan, (1888) 20 QBD 635; but publication can be made to either husband or wife respecting the other, Jones v. Williams, (1888) 1 TLR 572. The third party to whom the matter is published may be in the position of a servant or clerk, Edmondson v. Birch & Co., (1907) 1 KB 371, but see Osborn v. Boulter & Son, (1930) 2 KB 226; but must be able to understand the defamatory character of the matter, Sadgrove v. Hole, (19...
Sufficient cause
Sufficient cause, for non-appearance refers to the date on which the absence was made a ground for proceeding ex parte and cannot be stretched to rely upon other circumstances anterior in time, Tea Auction Ltd. v. Grace Hill Tea Industry, AIR 2007 SC 67.Sufficient cause is an expression which is found in various statues. It has been construed liberally in keeping with its ordinary dictionary meaning as adequate or enough. That is, any justifiable reason resulting in vacation has to be understood as sufficient cause. For instance economic difficulty or financial stringency or family reasons may compel a landlord to let out a building in his occupation. So long as it is found to be genuine and bona fide it would amount to vacating a building for sufficient cause, Surinder Singh Sibia v. Vijay Kumar Sood, AIR 1992 SC 1540 (1541): (1992) 1 SCC 70. [H.P. Urban Rent Control Act, 1987, s. 14(3), Proviso 2]The expression 'sufficient cause' cannot be cons-trued too liberally, merely because the...
inter partes
inter partes [Latin] : between the parties [a consent decree is not simply a contract inter partes, unlike a settlement] ;specif : having or involving adverse parties [an issue of an invalid application may also arise in inter partes proceedings where an adversary raises the issue "In re Compagnie Generale Maritime, 993 F.2d 841 (1993) (dissent)"] compare ex parte ...
Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
Nisi
Nisi, means 'unless' (of a court's ex parte ruling or grant of relief) having validity unless the adversely affected party appears and shows cause why it should be withdrawn, Black's Law Dictionary, 7th Edn., p. 1068.Nisi. A decree, rule, or order of the Court is said to be made nisi when it is to take effect unless the party against whom it is made comes before the Court and gives reasons by a certain date why it should not take effect. See DECREE NISI; ABSOLUTE....
General Council
General Council (of the Bar), the full title of the Bar Council. See BAR COUNCIL.General Council (of the Catholic Church), a council consisting of members of the Church from most parts of the world, but not from every part, as an --cumenical Council.'The General Council of Medical Education and Registration of the United Kingdom' (Medical Act, 1858). The Medical Council, as it is commonly called, has power to settle the qualifications of medical practitioners and to strike off the register any of them convicted of felony or misdemeanour or judged guilty by the Council of 'infamous conduct in any professional respect' (s. 29), see R. v. General Medical Council, Ex parte Kynaston, (1930) 1 KB 562. The High Court has no jurisdiction to interfere with the Council's bona fide decision, Allbutt v. Medical Council, (1889) 23 QBD 400. The Council consists of five Crown nominees, twenty-two persons chosen by the same number of universities and colleges, and five persons elected by the registere...
Attachment of debts
Attachment of debts. By (English) R.S.C. 1883, Order XLV., as amended by (English) R.S. C. July, 1902, r. 12, and R. S.C. July, 1905, r. 8, a judgment creditor may apply ex parte to the Court or a judge (r. 1), either before or after any oral examination of the debtor, for an order nisi [see Norton v. Yates, 1906 (1) KB 112] attaching debts owing or accruing to the debtor in the hands of the parties owing the same who are called garnishees; and by the same or any subsequent order the garnishee maybe required to appear before the Court, or a judge, or an officer of the Court, to show cause why he should not pay to the judgment creditor the debt due from him (the garnishee) to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment debt. See (English) County Court Rules, 1936, Ord. XXVII....
Order of Course
Order of Course, an order made on an ex parte application, and to which a party is entitled a of right on his own statement and at his own risk (R.S.C. 1883, App. N,, No. 195)....
Significavit
Significavit, a writ issuing out of the Chancery upon certificate given by the ordinary of a man's standing excommunicate by the space of forty days, for the keeping him in prison till he submit himself to the authority of the Church. See 53 Geo. 3, c. 127, and Ex parte Dale, (1881) 6 QBD 381, in which case Lord Penzance in 1880 issued a significavit against the Rev. Mr. Dale for disobedience to his inhibition.Also, another writ, addressed to the judges, commanding them to stay any suit depending between such and such parties by reason of an excommunication alleged against the plaintiff, etc., Reg. Brev. 7....
War
War. The sovereign has the sole prerogative of making war or peace.Where war actually prevails, the ordinary courts have no jurisdiction over the action of the military authorities (Ex parte D.F. Marais 1902 AC 115). See ARMY; DECLARATION OF WAR; and consult Owen's Declaration of War; Holland's Law of War on Land; Hall's International Law; Grot. De Jure Pac. et Bel.1. Hostile conflict by means of armed forces, carried on between nations, status or rulers, or sometime between parties, within the same nation or state, a period of such conflict 2. A dispute or competition between adversaries; 3. A straggle to scire a pervasive problem, Black's Law Dictionary, 7th Edn., p. 1576...
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