Law Suit - Law Dictionary Search Results
Home Dictionary Name: law suit Page: 3 Page 3 of about 98 results (0.004 seconds)Composition
Composition. 1. An amicable arrangement of a law-suit. See COMPROMISE.2. An agreement between a parson, patron, or ordinary, and the owner of lands, for commutation of tithes, e.g., that such lands shall for the future be discharged from payment of tithes, by reason of some land or other real recompense given to the parson in lieu and satisfaction thereof. Tithe Act, 1832, s. 2, and see TITHES.3. Also an agreement made between an insolvent debtor and his creditors, by which the latter accept a part of their debts in satisfaction of the whole. See ARRANGEMENTS.(According to Mr. Brandenstein) within the original meaning of that expression which -- at least in part -- were not consumed before the transfer to private use, or independently (or additionally) acquired goods, Fisher v. Finanzamt Burgdorf (ECJ), (2002) 2 WLR 1207.Is an agreement between the compounding debtor an all or some of his creditor by which the compounding creditors agree with the debtor, and, expressly or impliedly, wi...
Suit
Suit, a following. It is used in divers senses:-(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
Information
Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
Carucate
Carucate [fr. Carucata terr'], Carvage,or Carve of land, a plough-land of 100 acres, or according to Skene, as much land as may be tilled in a year and a day by one plough, Ken. Glos. 'And one plow land, carucata terr', or a hide of land, hida terr' (which is all one), is not of any certain content, but as much as a plow can by course of husbandry plough in a year.'-Co. Litt. 69 a. This quantity varies in different counties from 60 to 120 acres.Case, includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2(1)(a)]Means--(1) A trial. (2) A trial involving some point of law so important as to be published in Law Reports (see that title) for future use as a precedent. (3) A statement of facts and documents, raising a point of law, submitted for the opinion of counsel. See PRECEDENTS. (4) includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2 (1) (a)]. (5) The expression 'case' is not limit...
Preliminary point
Preliminary point, is not confined to such legal points only as may be pleaded in bar of a suit but comprehends all points or issues, whether of facts or law, determination of which has precluded the necessity for determining other points or issues which have, therefore, been left undetermined, Vassantimal Devaldas v. Hiromal Mohammal, AIR 1947 Sind 94: 1946 ILR Kar 380: 227 IC 633.Means a point, the decision of which is sufficient to dispose off the whole suit without the necessity of deciding other points involved in the case. It may be one of facts of law. It would include a point which relates to cause of action for the plaintiff or his 'locus standi' to bring to particular suit, Jit Kuarg Kehar Singh, AIR 1951 Pepsu 130.Preliminary point, refers to a point, the decision of which is sufficient to dispose of the whole suit without the necessity of deciding other points involved in the case, Jit Kaur v. Kehar Singh, AIR 1951 Pepsu 364....
Dominus litis
Dominus litis, 'dominus litis', that is, master of, or having dominion over, the case. He is the person who has carried and control of an action. In case of conflict of jurisdiction the choice ought to lie with the plaintiff to choose the forum best suited to him unless there be a rule of law excluding access to a forum of plaintiff's choice or permitting recourse to a forum will be opposed to public policy or will be an abuse of the process of law, Phannalal v. Kalawatibai, AIR 2002 SC 2572 (2580): (2002) 6 SCC 16. [M.P. Accomodation Central Act, 1961 (41 of 1961)]The controller of a suit or litigation; also an advocate who, after the death of his client, prosecuted a suit to sentence for the executor's use, Civil LawDominus litis, the plaintiff is dominus litis, that is, master of, or having dominion over the case, Dhannalal v. Kalawatibai, (2002) 6 SCC 16....
Conflict of laws
Conflict of laws. In the case where a suit is brought in one country, and the parties, or one of them (or the subject-matter of the suit), belongs more or less to another, and the laws of the two countries upon the subject are at variance, there is said to be a conflict of laws. See LEX LOCI CONTRACTUS; and also the case of Simonin v. Mallac, (1860) 29 LJ Prob & Mat 97, where the marriage of two French persons who came to England for the express purpose of celebrating a marriage which would have been void if celebrated in their own country was declared valid. 'Either nation may refuse to surrender its laws to those of the other, and if either is guilty of any breach of the comitas or jus gentium, that reproach shall attach to the nation whose laws are least calculated to ensure the common benefit and advantage of all.' See Dicey's or Story's Conflict of Laws; Chitty on Contracts, citing Kaufman v. Gerson, (1904) 1 KB 591. See RENVOI and Halsbury, Laws of England, Hailsham ed., title Co...
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