Fi Fa - Law Dictionary Search Results

Home Dictionary Name: fi fa

Fieri facias, usually abbreviated fi. fa. (that you cause to be made), a judicial writ of execution, the most commonly used that lies for him who has recovered any debt or damages in the King's Courts. It is a command to the sheriff, that of the goods and chattels of the party he 'cause to be made' the sum recovered by the judgment, with interest at 4l. per cent. from the time of entered-up judgment, to be rendered to the party who sued it out. If the sheriff return nulla bona, an alias fi. fa. may issue; and upon that being returned, a pluries or testatum fi. fa. may be issued into another county. The 12th s. of the Judgments Act,1838 (1 & 2 Vict. c. 110), authorizes the sheriff to seize money, bank notes, cheques, bills of exchange, etc., of the person against whose effects the writ is sued out; but he cannot seize money or bank notes after the death of the debtor, Johnson v. Pickering, (1908) 1 KB 1.A writ of execution that directs a marshal or sheriff to seize and sell a defendants...

Fieri facias de bonis ecclesiasticis

Fieri facias de bonis ecclesiasticis (that you cause to be made of the ecclesiastical goods). When a sheriff to a common fi. fa. returns nulla bona, and that the defendant is a beneficed clerk, not having any lay fee, a plaintiff may issue a fi. fa. de bonis ecclesiasticis, addressed to the bishop of the diocese, commanding him to make of the ecclesiastical goods and chattels belonging to the defendant within his diocese the sum therein mentioned, R.S.C., Ord. XLIII., r. 5, and App. H., Form 5....

Contribution

Contribution, to any fund shall not include any sums in repayment of loan. [Income-tax Act, 1961 (43 of 1961), s. 80C(8)(ii)]Means the sum of money payable to the corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act. [Employees' State Insurance Act, 1948 (34 of 1948), s. 2(4)]The word 'contribution' used in the proviso must also be given its due meaning. It cannot be understood as donations. If that be so, a voluntary contribution cannot amount to a compulsive donation. If the donor, in order to gain an advantage or benefit, if he apprehends that but the contribution some adverse consequence would follow, makes a donation certainly it ceases to be voluntary, Municipal Corpn. of Delhi v. Children Book Trust, AIR 1992 SC 1456 (1472): (1992) 3 SCC 390. [Delhi Municipal Corporation Act, 1957, (66 of 1957), s. 115(4)(a), Proviso]The performance by each of two or more pers...

False return

False return by sheriff on nulla bona to writ of fi. fa, after levying is actionable; for form of claim, see Bullen and Leake, Prec. Of Pl.A process server's or other court officials recorded misrepresentation that process was served, that some other action was taken, or that something is true, Black's Law Dictionary, 7th Edn., p. 619.A return cannot be said to be 'false' unless there is an element of deliberations in it. It is possible that even where the incorrectness of the return is claimed to be due to want of care on the part of the assessee and there is no reasonable explanation forthcoming from the assessee for such want of care, the Court may, in a given case, infer deliberations and the return may be liable to be branded as a false return. But where the assessee does not include a particular item in the taxable turnover under a bona fide belief that he is not liable so to include it, it would not be right to condemn the return as a 'false' return inviting imposition of penalt...

Ground-writ

Ground-writ. Before the C.L.P. Act, 1852, a ca. Sa. (capias ad satisfaciendum, (q.v.) or fi. fa. (fieri facias, q.v.) could not be issued into a county different from that in which the venue in the action was laid, without first issuing a writ called a ground-writ into the latter county, and then another writ, which was called a testatum writ, into the former. The 121st s. of that Act abolished this useless process. See EXECUTION....

Nulla bona

Nulla bona (in goods), a return made by a sheriff to a fi. fa., etc., when there is no property to levy upon....

Receiver

Receiver, is a person appointed for the collection or protection of property. He is appointed either by the court or out of court by individuals or corporations, Halsbury's Laws of England, 4th Edn., Vol. 39, p. 403, pp. 801.Receiver. (1) An officer appointed by the court to collect rents, etc., pending a suit. Receivers are appointed in actions for administration; in actions by mortgages or against trustees or executors; in actions between partners for winding up the partnership business, and in a great many other cases. (2) A mortgagee may also appoint a receiver of the mortgaged property, if empowered so to do by the mortgage deed or by separate instrument, without having to apply to the court; and by s.19 of the (English) Conveyancing Act, 1881, reproduced and extended to mortgages of certain incorporated hereditaments, such as rentcharges or annual income, by the (English) Law of Property Act, 1925, s. 101, in the case of a mortgage executed on or after the 1st January, 1882, the ...

Remanent pro defectu emptorum

Remanent pro defectu emptorum (they remain un-sold for want of buyers). A sheriff's return to a writ of fi. fa....

Venditioni exponas

Venditioni exponas, a judicial writ addressed to the sheriff, commanding him to expose to sale goods which he has already taken into his hands, to satisfy a judgment-creditor, Reg. Judic. 33. After delivery of this writ the sheriff is bound to sell the goods, and have the money in Court on the return day of the writ, 3 Steph. Com.By (English) R.S.C. 1883, Ord.XLIII., r. 2, this writ may be sued out where it appears upon the return of a fi. fa. that the sheriff has seized goods but not sold them....

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