Law Suit - Law Dictionary Search Results
Home Dictionary Name: law suitRight of suit and right of appeal
Right of suit and right of appeal, there is an inherent right in every person to bring a suit of a civil nature and unless the suit is barred by statute one may, at one's peril, bring a suit of one's choice. It is no answer to a suit, howsoever frivolous to claim, that the law confers no such right to sue. A suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. But the position in regard to appeals is quite the opposite. The right of appeal inheres in no one and therefore an appeal for its maintainability must have the clear authority of law. That explains why the right of appeal is described as a creature of statute, Ganga Bai v. Vijay Kumar, AIR 1974 SC 1126: (1974) 2 SCC 393: (1974) 3 SCR 882....
Law suit
Law suit, an action or litigation....
Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Champarty or champerty
Champarty or champerty [fr. Champ parti, Fr.; campi partitio, Lat., a division of the land], properly a bargain between a plaintiff or defendant in a suit and a third person, campum partire, to divide between them the land or other matter sued for in the event of the litigant being successful in the suit, whereupon the champertor is to carry on the party's suit or action at his own expense; or it is the purchasing the right of action or suit of another person; illegal by Common Law, and also by 3 Edw. 1, c. 25; 13 Edw. 1, st. , c. 9; and 32 Hen. 8, c. 9. It is an aggravated form of maintenance, See Hutley v. Hutley, (1873) LR 8 Q 112; Attorneys and Solicitors Act (in re:), 1870 (1875) 1 Ch D 573; Holden v. Thompson, 1907 (2) KB 489; Haseldine v. Hoskin, 1933 KB 822; and MAINTENANCE.The act or fact of maintaining, supporting or promoting another persons law suit, Black's Law Dictionary, 7th Edn....
joinder
joinder [Anglo-French, from joinder to join, from Old French joindre, from Latin jungere] : the act or an instance of joining: as a : a joining of parties as coplaintiffs or codefendants in a suit ;also : a joining of claims by one or more plaintiffs in a suit see also misjoinder compare counterclaim, cross-claim, impleader, interpleader, intervention, sever collusive joinder : an addition of a party to a suit made for the purpose of manufacturing federal jurisdiction NOTE: Under the Federal Rules of Civil Procedure a federal district court will not have jurisdiction when collusive joinder is made. compulsory joinder : joinder of a party to a suit required by the court when the party is indispensable to complete relief for parties already involved or when the party claims an interest that may substantially affect the other parties or may be put at risk by the action joinder of remedies : a joining of two claims in one action even though one cannot be recognized until the othe...
Lawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
Settlement
Settlement, means an agreement ending a dispute or a law suit, Black's Law Dictionary, 7th Edn., p. 1377.Settlement, suggests that, in the process of vesting, the right to possession in such lands is also vested in the State, and thereafter it is settled back with the outgoing proprietor by the operation of law, Brijnandan Singh v. Jamuna Prasad Sahu, AIR 1958 Pat 589.Settlement, the act of giving possession by legal sanction; a jointure granted to a wife; a disposition of either real or personal property or both for the benefit of one person for his life, and after his death for the benefit of another person absolutely, or with a similar ultimate devolution for the use of several persons in succession after the person first named. See last title, and SETTLEMENT ESTATE DUTY.The conveyance of property -- or of interests in property -- to provide for one or more beneficiaries, usu. members of settlor's family in a way that differs from what the beneficiaries would receive as heirs under ...
procedural law
procedural law : law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress (as in a suit) and that is distinguished from law that creates, defines, or regulates rights [the federal courts in diversity actions must apply state substantive law and federal procedural law "Miller v. American Dredging Corp., 595 So. 2d 615 (1992)"] ;also : a particular law of this nature compare substantive law ...
Litigation
Litigation, judicial contest; law-suit.The expression 'litigation' means a legal action including all proceedings therein, initiated in a court of law with the purpose of enforcing a right or seeking a remedy, Janata Dal v. H.S. Chowdhary, AIR 1993 SC 892 (906): (1992) 4 SCC 305.Litigation, means a legal action, including all proceedings therein, initiated in a court of law, Paramjeet Singh Patheja v. ICDS Ltd., AIR 2007 SC 168....
Inspection
Inspection, examination.Trial by Inspection was resorted to when, for the greater expedition of a cause, some point or issue, being either the principal question, or one arising collaterally out of it, it was decided by the judges of the Court upon the evidence of their own senses. Obsolete. See 3 Bl. Com. 331. As to inspection by a judge or jury, see (English) R.S.C, Order L.Means a careful examination of something, such as goods (to determine their fitness for purchase) or items produced in response to a discovery request (to determine their relevance to a law suit), Black's Law Dictionary, 7th Edn., p. 799....
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