Issued And Served - Law Dictionary Search Results
Home Dictionary Name: issued and servedIssued and served
Issued and served, the expressions 'issued' and 'served' are used as interchangeable terms and in the legislative practice of our country they are sometimes used to convey the same idea. Accord-ingly, it was held that the word 'issues' was not used in the narrow sense of 'sent' but that the said expression had received, before the Indian Income-tax (Amendment) Act, 1959, a clear judicial interpretation. Subba Rao, J., as he then was, dealing with the purpose which the word 'issue' was intended to serve, after referring to Niwas v. I.T.O., (1956) 30 ITR 381 (All) cited in the judgment under attack and a Bombay decision, observed at page 108: The intention would be effectuated if the wider meaning is given to the expression 'issued'. The dictionary meaning of the expression 'issued' takes in the entire process of sending notices as well as service thereof. The said word used in s. 34(1) of the Act itself was interpreted by Courts to mean 'served', Commissioner of Wealth Tax v. Kundan Lal...
information
information : an instrument containing a formal accusation of a crime that is issued by a prosecuting officer and that serves the same function as an indictment presented by a grand jury compare complaint, indictment NOTE: About half the states in the United States allow prosecutors to issue informations. The rest require indictment. ...
Term fee
Term fee, a certain sum, which a solicitor is entitled to charge to his client, and the client to recover, if successful, from the unsuccessful party who has to pay cost to him; it is payable for every term commencing on the day the sittings in London and Middlesex of the High Court of Justice commence, and terminating on the day preceding the next such sittings, in which a proceeding in the cause or matter by or affecting the party, other than the issuing and serving the writ of summons, shall take place. See App. N. to R.S.C. ad fin. See TERMS....
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...
case
case [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a : a civil or criminal suit or action [the judicial power shall extend to all s, in law and equity, arising under this Constitution "U.S. Constitution art. III"] see also controversy case at bar : a case being considered by the court [the facts of the case at bar] case of first im·pres·sion : a case that presents an issue or question never before decided or considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent for future cases and esp. for pending cases involving similar or related issues or circumstances and often some of the same parties NOTE: A test case is selected from a number of cases in order to avoid a flood of litigation. All of the parties to the cases must agree to accept the outcome of the test case as bi...
Arrestando ipsum qui pecuniam recepit
Arrestando ipsum qui pecuniam recepit, a writ which issued for apprehending a person who had taken the king's prest money to serve in the wars, and then hid himself in order to avoid going, Ibid. 24....
Dismissed
Dismissed, denotes both termination of service for misconduct by way of punishment and also termination of service simpliciter, Workers Employed in Hirakud Dam v. State of Orissa, (1971) 1 SCC 583: AIR 1971 SC 2242: (1971) 3 SCR 646.Power to dismiss an appeal in limine is a power which must be exercised sparingly and with great circumspection. One would think a conviction for murder and a sentence of imprisonment for life were serious enough matters for the High Court to warrant 'admission' of the appeal and fair and independent consideration of the evidence by the High Court. Summary rejection of the appeal with the laconic expression 'dismissed' seems to be a drastic step in such cases. To so reject an appeal is to practically deny the right of appeal. One cannot also overemphasise the importance of the High Court making a speaking order when dismissing a criminal appeal in limine. 'The requirement of recording reasons for summary dismissal, however concise, serves to ensure proper f...
Letter-missive
Letter-missive. When a peer was made a defendant in the Court of Chancery, the Lord Chancellor sent a letter-missive to him, to request his appearance, together with a copy of the bill, petition, and order; if he neglected to appear to this, he was then served with a copy of the bill and a citation to appear and answer; if he continued still in contempt, a sequestration nisi, which was made absolute in the usual way, issued immediately against his lands and goods, without any of the arresting processes of attachment, etc., which cannot affect a Lord of Parliament. See 1 Dan. Ch. Pr.Also, for electing a bishop, a letter-missive from the sovereign is sent to the dean and chapter, containing the name of the person whom he would have them elect. See CONGE D'ELIRE....
security
security pl: -ties 1 a : something (as a mortgage or collateral) that is provided to make certain the fulfillment of an obligation [used his property as for a loan] b : surety see also security for costs 2 : evidence of indebtedness, ownership, or the right to ownership ;specif : evidence of investment in a common enterprise (as a corporation or partnership) made with the expectation of deriving a profit solely from the efforts of others who acquire control over the funds invested [a involves some form of investment contract] see also due diligence asset-backed security : a security (as a bond) that represents ownership in or is secured by a pool of assets (as loans or receivables) that have been securitized bearer security : a security (as a bearer bond) that is not registered and is payable to anyone in possession of it cer·tif·i·cat·ed security [sər-ti-fə-kā-təd-] : a security that belongs to or is divisible into a class or series o...
warrant
warrant [Anglo-French warant garant protector, guarantor, authority, authorization, of Germanic origin] 1 : warranty [an implied of fitness] 2 : a commission or document giving authority to do something: as a : an order from one person (as an official) to another to pay public funds to a designated person b : a writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice [a of arrest] [by of commitment] administrative warrant : a warrant (as for an administrative search) issued by a judge upon application of an administrative agency anticipatory search warrant : a search warrant that is issued on the basis of an affidavit showing probable cause that there will be certain evidence at a specific location at a future time called also anticipatory warrant arrest warrant : a warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named i...
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