Interlocutory Application - Law Dictionary Search Results
Home Dictionary Name: interlocutory application Page 1 of about 8 results ( seconds)Interlocutory application
Interlocutory application, is nothing but an applica-tion in the course of an action. It is a request made to a court for its interference in a matter arising in the progress of proceeding, Harihar Nath v. State Bank of India, (2006) 4 SCC 457: (2006) 4 JT 241: (2006) 4 SCALE 43: (2006) 3 Supreme 324: (2006) 3 Supreme 566: (2006) 3 SLT 335: (2006) 5 SCJ 21: (2006) 5 SCJD 587: (2006) 5 SRJ 229: (2006) 131 Comp Cas 119 (Civil Procedure Code, 1908, s. 94 & O. 39, r. 1)....
Costs incidental to any proceeding
Costs incidental to any proceeding, the expression 'costs incidental to any proceeding' similarly means costs or interlocutory applications, etc. such costs as have been determined thereon, at the conclusion of the hearing, State of Punjab v. Ram Kumar, AIR 1957 SC 276 (278): 1957 SCR 220. [Civil Procedure Code (1908), s. 35]...
Interlocutory order
Interlocutory order, it has to be construed in con-tradiction to or in contrast with final order. It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule 6, CPC, 1908)The term 'interlocutory order' in S. 397(2) of the 1973 Code (Cr. P.C.) has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 ...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
motion
motion [Anglo-French, from Latin motion- motio movement, from movēre to move] 1 : a proposal for action ;esp : a formal proposal made in a legislative assembly [made a to refer the bill to committee] 2 a : an application made to a court or judge to obtain an order, ruling, or direction [a to arrest judgment] ;also : a document containing such an application b : the initiative of a court to issue an order, ruling, or direction [the court is given discretion to order a pretrial conference either on its own or at the request of a party "J. H. Friedenthal et al."] motion for judgment on the pleadings : a motion made after pleadings have been entered that requests the court to issue a judgment at that point compare summary judgment at judgment NOTE: Under the Federal Rules of Civil Procedure, if matters outside of the pleadings are presented to the court when a motion for judgment on the pleadings is made, the motion will be treated as a motion for summary judgment. motion f...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Vexatious action
Vexatious action. The High Court has an inherent power to stay any action brought merely for the sake of annoyance or oppression, see Lawrance v. Norreys, (1890) 15 App Cas 210; Haggard v. Pelicier Freres, 1892, AC 61; see also R.S.C. Ord. XXV., r. 4; and the (English) Judic. Act, 1925, s. 5, replacing the (English) Vexatious Actions Act, 1896 (59 & 60 Vict. c. 51), gives special power to the court if satisfied, on the application of the Attorney-General, that any person has habitually and persistently instituted vexatious proceedings in any Court to order that no proceedings shall be instituted by that person in any court without the leave of the Court or some judge thereof. See also the Vexatious Actions (Scotland) Act, 1898 (61 & 62 Vict. c. 35). An order dismissing an action as frivolous and vexatious is an interlocutory order, Re Page, (1910) 1 Ch 489....
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