Fair Pleader - Law Dictionary Search Results
Home Dictionary Name: fair pleaderFair pleader
Fair pleader. See BEAU-PLEADER....
Beau-pleader
Beau-pleader (to plead fairly), an obsolete writ upon the Statute of Malbridge (52 Hen. 3, c. 11), which enacted that neither in the circuits of the justices, nor in counties, hundreds, or courts-baron, any fines should be taken for fair pleading, i.e., for not pleading fairly or aptly to the purpose; upon this statute, them, this writ was ordained, addressed to the sheriff, bailiff, or him who shall demand such fine, prohibiting him to demand it; an alias, pluries, and attachment followed, Nat. Br. 596. It used to be had as well in respect of vicious as fair pleading by way of amendment-2 Inst. 122....
Defender, advocate, pleader
Defender, advocate, pleader, a debender exerts himself in favour of one that wants support; and advocate signifies one who is called to speak in favour of another; a pleader from plea or excuse, signifies him who pleads in behalf of one who is accused or a party in a civil suit. A defender attempts to keep off a threatened injury by rebutting the attack of another; an advocate states that which is to the advantage of the person or thing advocated; a pleader throws in pleas and extenuations. 'So fair a pleader any cause may gain'. (Dry den)...
Government pleader
Government pleader, included any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (7)]...
Pleader
Pleader [fr. narrator, Lat.], one who draws pleadings. See SPECIAL PLEADER.It means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (15)]When used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other appointed with the permission of the Court to act in such proceeding. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (q)]...
Special pleaders
Special pleaders, members of an inn of Court who devote themselves mainly to the drawing of pleadings, and to attending at judge's chambers. If not called to the Bar, as was in former times (when many special pleaders practised as such prior to being called to the Bar) frequently the case, they take out annual certificates on which a duty of 9l. is payable, under s. 44 and Schedule of the (English) Stamp Act, 1891, re-enacting similar provisions of the repealed Stamp Act, 1870. They are exempt while in practice from jury service, by the Juries Act, 1870, and see (English) Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), ss. 47 to 49....
Fairs
Fairs [fr. foire, Fr.; forum nundin', Lat.]. these institutions are very closely allied to markets. A fair is a greater species of market, recurring at more distant intervals. No fair can be held without a grant from the Crown, or a prescription which supposes such grant. Before a patent is granted it is usual to have a writ of ad quod damnum executed and returned, that it may not be issued to the prejudice of another fair or market already existing. The grant usually contains a clause that it shall not be to the hurt of another fair or market; but this clause, if omitted, would be implied; for if the franchise occasion damage, either to the Crown or a subject, in any respect, it will be revoked; and a person whose ancient title is prejudiced is entitled to have a scire facias in the King's name to repeal the letters-patent. If His Majesty grant power to hold a fair or market in a particular place, the lieges can resort to no other, even though it be inconvenient. But if no place be ap...
Faint pleader
Faint pleader, a fradulent, false, or collusive manner of pleading to the deception of a third person, 3 Edw. 1, c. 19....
Markets and fairs
Markets and fairs. The right to hold a market or fair, i.e., to hold organized meetings of persons for the purpose of buying and selling, is derived from a royal grant either actual or to be presumed from long usage. Markets and fairs in large towns of modern growth are, however, frequently held under special Acts which incorporate the (English) Markets and Fairs Clauses Act, 1847 (10 & 11 Vict. c. 14), or under the Public Health Act, 1875. The following Acts regulate markets and fairs:-Metropolitan Fairs Act, 1868; Fairs Acts, 1871 and 1873; Markets and Fairs (Weighing of Cattle) Acts, 1887 and 1891, and 1926. See Newcastle (Duke of) v. Workshop U.D.C., (1902) 2 Ch 145; and consult Pease and Chitty on Markets and Fairs. See FAIRS AND MANOR....
Fair trial
Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or th...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial