Material Fact - Law Dictionary Search Results
Home Dictionary Name: material fact Page: 3breach
breach 1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification breach of duty : a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position breach of trust : a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) breach of warranty : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct. b : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation an·tic·i·pa·to·ry breach : a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract ef·fi·c...
Summary judgment
Summary judgment, under (English) R.S.C. Ord. III., Rule 6, and Order XIV., extended to recovery of land for non-payment of rent by R.S.C. of January, 1902. This procedure has been very largely followed in recent years. see LEAVE TO DEFEND.A judgment granted on a claim about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law, Black's Law Dictionary, 7th Edn., p. 1449...
Not guilty
Not guilty, a plea by way of traverse which occurred in actions of trespass, libel, or other tort, and amounted to a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant; this was called pleading the 'general issue.' See PLEADING.The plea of not guilty, jin criminal proceedings, is the proper form wherever a prisoner means either to deny or justify the charge in the indictment; the effect of which plea is, that on the one hand, it puts the prosecutor to the proof of every material fact alleged in the indictment or information, and on the other it entitles the defendant to avail himself of any defensive circumstances as amply as if he had pleaded them in a specific form....
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...
Particulars
Particulars. The courts have a general jurisdiction, independently of statute, to order a detailed statement of the demand in any litigation, or of any defence, to be given that surprise may be avoided, and substantial justice promoted, 2 Chit. Arch. Prac. The necessity for application for particulars has become less frequent since the Judicature Acts, as the Rules of Court under those Acts have substituted a statement of claim containing the material facts on which the plaintiff relied for the declaration under the old practice, which only contained a legal statement of the plaintiff's cause of action.It is provided, however by (English) R.S.C., Ord. XIX, R. 7, that:-A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just;and see the Index to the Annual Practice...
Obiter dictum
Obiter dictum, an opinion not necessary to a judgment. See DICTUM.An 'Obiter dictum' is an observation which is either not necessary for the decision of the case or does not relate to the material facts in issue, K. Jayarama Iyer v. State of Hyderabad, AIR 1954 Hyd 56.It is a remark made or opinion expressed by a judge in his decision upon a cause, 'by the way' -- that is, incidentally or collaterally, and not directly upon the question before the court, or it is any statement of law enunciated by the judge or court merely by way of illustration, argument, analogy, or suggestion ...... In the common speech of lawyers, all such extrajudicial expressions of legal opinion are referred to as 'dicta', or 'obiter dicta', these two terms being used interchangeably, Brief Making and the Use of Law Books, William M. Lile et al. 304 (3rd Edn., 1914)....
Obdurate legal obscurantism
Obdurate legal obscurantism, Hardened (stubborn) tendency to oppose enquiry, enlightenment or reform, '...the obdurate legal obscurantism of litigants leads to protraction of proceedings' [Jas Raj v. Hem Raj, AIR 1977 SC 1011 (1013), para 2] - here the judge is hinting at the tendency of litigants to be oversmart and their habit of concealing certain material facts from the court. (Justice V.R. Krishna Iyer)...
Regula est, juris quidem ignorantiam cuique nocere, facti vero ignorantiam non nocere
Regula est, juris quidem ignorantiam cuique nocere, facti vero ignorantiam non nocere (D. 22, 6, 9), It is the rule, that everyone is prejudiced by his ignorance of law, but is not prejudiced by his ignorance of a material fact....
King's proctor
King's proctor, the proctor or solicitor representing the Crown in the Probate and Divorce Court. In proper cases it is his duty to intervene in petitions for dissolution or for declaration of nullity of marriage to defeat collusion or the suppression of material facts. In his official capacity he cannot intervene to show cause against a decree nisi for dissolution of marriage being made absolute without the leave of the Court, Gray v. Gray, (1861) 30 LJP&M 96. In the case of an unsuccessful intervention the King's Proctor may be condemned in costs, Carter v. Carter, 1910 P. 151. See (English) Judicature Act, 1925, s. 181....
Declaration
Declaration, a proclamation or affirmation, open expression or publication.A statement on the plaintiff's part of his cause of action, following after service of the writ of summons; abolished in 1875 by the (English) Judicature Acts, which substituted a statement of claim. See STATEMENT OF CLAIM.A mere determination or a finding or order that a person/family unit holds land less than the ceiling limit is not a 'declaration' and, therefore, not appealable, Ganpatrao Gulabrao Pawar v. State of Maharashtra, 1993 Supp (1) SCC 87: AIR 1992 SC 1183 (1187). [Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, s. 45(2) Proviso and 21& 33]A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200. Indian Penal Code (45 of 1860), s. 200, Expl.It is a statement of material facts, if may constitute a formal announcement or a deliberate statement. A declaration must be announced solemnly or officially. It ...
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