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Home Dictionary Name: newNew trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
Appointment of new trustees
Appointment of new trustees, See TRUSTEES. It was formerly necessary to inset a full power in instruments creating a trust providing a succession of trustees and nominating the person or persons by whom the power was to be exercised and specifying the various contingencies, as death, resignation, incapacity, etc., of the trustee, in which the power was to arise; otherwise application had to be made to the Court of Chancery. Latterly, however, a power for this purpose has been supplied by various Acts of Parliament, the statute at present in force being the (English) Trustee Act, 1925, ss. 36 and 37 replacing and extending the 10th section of the (English) Trustee Act, 1893 (56 & 57 Vict. c. 53), and s. 36 of the (English) Act of 1925 also provides for the appointment of additional trustees. S. 40 provides for the vesting of the trust property in the new trustees by a declaration in the deed of appointment or, deeds of appointment executed after 1925, no express vesting declaration appe...
New
New, the word 'new'. The Oxford English Dictionary lists the following, amongst others, against that word: 'not existing before; now made, or brought into existence, for the first time....not previously known; now known for the first time.' If these were the only meanings of the word, the contention might have considerable force. But the word 'new' is also stated in the same dictionary to mean: Coming as a resumption or repetition of some previous act or thing; starting afresh....restored after demolition, decay, disappearance, etc....other than the former or old; different from that previously existing, known, or used. Thus a set of things which is different from that immediately preceding it may well be called new. Furthermore, a situation which once existed and then ceased to exist (disappeared) may properly attract the word 'new' on re-appearance, P. Venkaiah v. G. Krishna Rao, AIR 1981 SC 1910 (1914): (1981) 4 SCC 105: (1982) 1 SCR 380....
New building
New building. Under the (English) Road Improvement Act, 1925 (15 & 16 Geo. 5, c. 68), s. 11, new building 'includes any addition to an existing building.'The question whether any building is a 'new building' is in general one of fact, see Ballard v. Horton's Estate Ltd., (1926) 24 LGR 449. So also in the case of temporary buildings (q.v.), Rodwell v. Wade, (1924) 23 LGR 174; and Keeling v. Wirral Rural District Council, (1925) 23 LGR 201.S. 23 of the (English) Public Health Act (Amendment) Act, 1907 (7 Edw. 7, c. 53), contained elaborate definitions of a 'new building,' but this section has been repealed as from the 1st October, 1937, by the Public Health Act, 1936, and of which the provisions relating to building and building bye-laws will be found in Part II. of the Act. 'New building' is not defined, but s. 62 provides for the application of bye-laws for the construction, materials, space for, lighting, ventilation, and dimensions of rooms for human habitation, also height of existi...
New
Having existed or having been made but a short time having originated or occured lately having recently come into existence or into ones possession not early or long in being of late origin recent fresh modern opposed to old as a new coat a new house a new book a new fashion...
Newness
The quality or state of being new as the newness of a system the newness of a scene newness of life...
New entrant
New entrant, the expression 'new entrant' in the rule means an applicant who possessed no stage carriage at the time when the applications are considered for the first time. A set of things which is different from that immediately proceeding it may well be called new. Furthermore, a situation which once existed and then ceased to exist (disappeared) may properly attract the word 'new' on re- appearance, P. Venkaiah v. G. Krishna Rao, AIR 1981 SC 1910 (1914): (1981) 4 SCC 105: (1982) 1 SCR 380. [A.P. Motor Vehicles Rules, 1964 R. 212 (iv) (a)]...
New assignment
New assignment, a form of pleading which sometimes arose from the generality of the declaration, when, the complaint not having been set out with sufficient precision, it became necessary, from the evasiveness of the plea, to re-assign the cause of action with fresh particulars. It most frequently occurred in actions of trespass, as where two assaults had been committed, one of which was justifiable and the other indefensible; or in trespass quare clausum fregit, when the defendant claimed a right of way.New assignment is now abolished, and it is provided that everything formerly alleged by way of new assignment is to be introduced byway of amendment of the statement of claim, R.S.C. 1883, Ord. XXIII., r. 6 (annulled by (English) R.S.C., July, 1902, r. 7). See Bullen and Leake's Pleadings, 9th ed., p. 574....
New machinery
New machinery, the word 'new' when used with a reference to machine means 'new made or brought into existence for the first time', Cochin Company v. C.I.T., (1968) 67 ITR 199 (202) (SC). [Income Tax Act, 1961, s. 33]...
New style
New style. The modern system of computing time was introduced into Great Britain in 1752 by the Calendar (New Style) Act, 1750 (24 Geo. 2, c. 23), the 3rd of September of that year being reckoned as the 14th. See NEW YEAR'S DAY....
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