Judicature Acts - Law Dictionary Search Results
Home Dictionary Name: judicature actsClerk of Assize
Clerk of Assize. An officer attached to the assizes who attends to various duties on the civil side, acting as associate (q.v.). As to necessary qualifications, etc., see (English) Clerks of Assize Act, 1869, and s. 21 of the (English) Judicature Act, 1884, and (English) Judicature Act, 1925, s. 79....
Parties
Parties, a suit under s. 92 of the code is thus a representative suit and as such binds not only the parties named in the suit-title but all those who are interested in the trust, R. Venugopala Naidu v. Venkatarayulu Naidu Charities, AIR 1990 SC 444 (447): 1989 Supp (2) SCC 356. (Code of Civil Procedure, s. 92)Persons jointly concerned in any deed or act; litigants.The Rules of the Supreme Court, 1883, Ord. XVI., make very full provision as to the joinder of parties and the consequences of misjoinder and non-joinder. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alter-native. Two or more defendants may be joined, in case the plaintiff is in doubt as to the person from whom he is entitled to redress. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are the trustees or representatives, without joining any of the parti...
Equitable claims and defences at Common Law
Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such judgment on equitable grounds, by way of defence, and also enabled the plaintiff to avoid such defence by a replication upon equitable grounds. A plea on equitable grounds was good at Law only where an absolute and unconditional injunction wold be granted in Equity.The (English) Judicature Act, 1925, s. 36, and follow-ing sections, reproducing s. 24 of the (English) Judicature Act, 1873, has combined the jurisdiction of the Courts of Common Law and Equity so that legal and equitable remedies may be granted in the same Court but without affecting the nature of the rights. The object is to avoid multiplicity of actions and it does not confer a new jurisdiction (The James Westall, 1905, P., p. 51), and if there is any conflict or variance between the rules...
Transfer of a case
Transfer of a case, means the removal of a case from the jurisdiction of one court or judge to another by lawful authority, Black's Law Dictionary, 7th Edn., p. 1504.Transfer of cases. By the (English) Judicature Act, 1925, s. 59 (replacing (English) Judicature Act, 1873, s. 36), and (English) R.S.C. 1883, Ord. XLIX., power is given to transfer causes from one Division of the High Court to another...
Pleading
Pleading. 1. In its general sense, the proceedings from the statement of claim to issue joined, i.e., the opposing statements of the parties. 2. Any part of these proceedings.The science of pleading was no doubt derived from Normandy. The use of stated forms of pleading is not to be traced among the Anglo-Saxons. Pleading was cultivated as a science in the reign of Edward I. The object of pleading is to ascertain, by the production of an issue, the subject for decision. Before the Judicature Acts, pleading under the Judicature Act is intended to combine the advantages of the two systems; it being provided by R.S.C. 1883, Ord. XIX., Rule 4, that 'every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies; but not the evidence by which they are to be proved,' and 'shall, when necessary, be divided into paragraphs numbered consecutively.' Consult Bullen and Leake, or Odgers on Pleading.A pleading has to be read as...
Circuits
Circuits (seven eight formerly), certain divisions of England and Wales, appointed for the judges to go formerly twice a year, in the respective vacations after Hilary and Trinity terms, but more recently oftener, and at no precisely fixed periods, to administer justice in the several counties. Two judges, until 1884, attended at each circuit town, when by a new scheme set on foot by the 'Circuits Order' of that year it was arranged that at the majority of the circuit towns one judge only should attend, with the power, however, under Rule 9 of the Order, of requesting one of the judges in London to proceed to any place on circuit in his aid 'in order to enable the judges, as far as possible, to leve no cause untried at any place on any circuit.' The following were the circuits as altered by Order in Council made pursuant to 26 & 27 Vict. c. 122, viz.: (1) Northern; (2) Home; (3) Western; (4) Oxford; (5) Midland; (6) Norfolk; (7) North Wales; and South Wales.By the (English) Judicature ...
Judicature Acts
Judicature Acts, 1873, 1875 and 1925 (English) (36 & 37 Vict. c. 66, 38 & 39 Vict. c. 77, and 15 & 16 Geo. 5, c. 49); the 1875 Act came into operation on the 1st of November, 1875, and consolidated the pre-existing superior Courts into one Supreme Court, consist-ing of the High Court and the Court of Appeal. The 1925 Act consolidates the Judicature Acts, 1873-1910, and other enactments relating to the Supreme Court of Judicature in England and the administra-tion of justice therein; this 1925 Act has been amended in some minor particulars by the Admini-stration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), and subsequent Acts. See SUPEREME COURT OF JUDICATURE; Chitty's Statutes, tit. 'Judicature.'...
Crown Office
Crown Office, a department originally belonging to the Court of King's Bench. The Act (6 & 7 Vict. c. 20) abolished the clerks in this Court and themonopoly of their practice, throwing it opento all persons admitted or admissible to practise as attorneys of the then Court of Queen's Bench; it also abolished several ancient offices and many burthen some fees,and made the office subject to the direct control of the Lord Chief Justice. Judicature Act, 1925, ss. 104 et seq. Replaces the (English) Supreme Court of Judicature (Officers) Act, 1879 (42 & 43 Vict. c. 78), which amalgamated the Crown Office with the Cntral Office of the Supreme Court, and transferred to such Central Office the' King's Coroner and Attorney' and the 'Masterof the Crown Office.'. See R.S.C. 1883, Ord.LXI., and Short and Mellor's Crown Office Practice....
Associate
Associate, was an officer in each of the Courts of Common Law, appointed by the chief judge of the Court, and holding his office dum bene se gesserit (15 & 16 Vict. c. 73); his duties being to superintend the entry of causes; to attend the sittings of Nisi Prius, and there receive and enter verdicts; to draw up the posteas (the indorsement of the result on the record), and any orders of Nisi Prius. The associates were made officers of the Supreme Court by the (English) Judicature Act, 1873, and were given by title of 'Masters of the Supreme Court' by the (English) Judicature (Officers) Act, 1879. This latter provision has been repealed clerks of the Associates Department of the Crown Office Department of the Central Office of the Supreme Court now perform these duties. See CLERK OF ASSIZE.A person is an associate of an individual if person is that individual's husband or wife, or is a relative, or the husband or wife of a relative, of the individual or of the individual's husband or wi...
Ship
Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...
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