Motion - Law Dictionary Search Results
Home Dictionary Name: motion Page: 4 Page 4 of about 395 results (0.002 seconds)Anticipation
Anticipation, doing or taking a thing before the appointed time. For anticipation of an invention see PATENTS. A married woman may be restrained by the terms of a will or settlement from aliening, by way of anticipation, property settled to her separate use during coverture. Such a clause absolutely disables her from selling, mortgaging or dealing with the property in anticipation, but it does not apply to income actually accrued due, Hood Barrs v. Heriot, 1896 AC 174, and on the determination of the coverture the restraint is at an end, Tullett v. Armstrong, (1839) 4 My&Cr 377; 1 Beav 1. Such a provision is only effective during coverture; it cannot affect dispositions in favour of a man, Brandon v. Robinson, (1871) 18 Ves 429, or a feme sole. The restraint may be applied either to corpus or income, usually only to the latter; in a marriage settlement the wife's income is almost invariably directed to be paid to her, without power of anticipation.' The L.P. Act, 1925, s. 169, repeatin...
Bill of exceptions
Bill of exceptions. Prior to the Judicature Acts, if a judge, at the trial of a cause at Nisi Prius, mistook the law, either in directing a judgment of nonsuit or in refusing or admitting evidence or challenges, and other matters, the counsel for the party dissatisfied with the ruling of the judge might tender a bill of exceptions at any time before verdict, and require the judge to seal it.By the Judicature Act, 1875, Ord. LVIII., r. 1, bills of exception are abolished. But it is provided by s. 22, 'that nothing in the said Act, nor in any rule, etc., shall prejudice the right of any party to any action to have the issues for trial by jury submitted and left by the judge to the jury, etc.: Provided also, that the said right may be enforced either by motion in the High Court of Justice or by motion in the Court of Appeal, founded upon an exception entered upon or annexed to the record.' It is believed that this section has never been acted upon. The present mode of proceeding is by mot...
Ouster
Ouster, dispossession.A wrong or injury that may be sustained in respect of hereditaments, corporeal or incorporeal, carry-ing with it the deprivation of possession; for thereby the wrongdoer gets into the actual occupation of the land or hereditament, and obliges him that has a right to seek his legal remedy in order to gain possession and damage for the injury sustained. Such dispossession may be either of the freehold or of chattels real.Ouster of the freehold was effected by various methods: 1, abatement; 2, intrusion; 3, disseisin; 4, discontinuance; and 5, deforcement.Ouster of chattels real consists: 1st, of a motion of possession from estates held by statute, recogni-zance, or elegit, which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined, by raising the sum for which it is given to him in pledge; and 2nd, of a motion of possession from an estate of years, which takes place by a like kind of disseisin, ejection, or turning...
Rotation
The act of turning as a wheel or a solid body on its axis as distinguished from the progressive motion of a revolving round another body or a distant point thus the daily turning of the earth on its axis is a rotation its annual motion round the sun is a revolution...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
Interlocutory
Interlocutory. an interlocutory order of judgment is one made or given during the progress of an action, but which does not finally dispose of the rights of the parties-e.g., an order appointing a receiver or granting an injunction, and a motion for such an order is termed an interlocutory motion. For rules as to interlocutory orders in proceedings in the Supreme Court, see R.S.C., Ords. L., LII....
Judgment of acquittal
Judgment of acquittal, means a judgment, rendered on the defendant's motion or court's own motion, that acquits the defendant of the offense charged when the evidence is insufficient, Black's Law Dictionary, 7th Edn., p. 847....
Leave of the House
Leave of the House, in the Lok Sabha, formal leave of the House has to be obtained to introduce a Bill, move motions such as adjournment motion, motion of no confidence in the council of ministers, resolution for removal of Speaker/Deputy Speaker, to raise a question of privilege, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 549....
Seal day
Seal day, motion-day in the Court of Chancery, so called because every motion had to be stamped with the seal, which did not lie in Court in the ordinary sittings out of term, and was therefore specially brought in on days when motions were taken, hence called Seal-days. Accordingly 'the Seal is closed' meant that motions were over for that day. See GREAT SEAL; PRIVY SEAL....
Prohibition
Prohibition, a writ to forbid any court to proceed in any cause there depending, on the suggestion that the cognizance thereof belongs not to such Court. It is a remedy provided by the Common Law against the encroachment of jurisdiction.The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with any matter not within its jurisdiction. If either the judge or a party proceed after such prohibition, an attachment may be had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured.Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much o...
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