Non Direction - Law Dictionary Search Results
Home Dictionary Name: non directionNon-direction
Non-direction, omission on the part of a judge to enforce a necessary point of law upon a jury. See NEW TRIAL; and see (English) Jud. Act, 1875, s. 22, which preserves the right of any party to have the issues for trial by jury left to the jury, with a proper and complete direction to the jury upon the law, and as to the evidence applicable to such issues. See Young v. Hoffman Manufacturing Co., (1907) 76 LJKB 993....
Non-summons, wager of law of
Non-summons, wager of law of, the mode in which a tenant or defendant in a real action pleaded, when the summons which followed the original was not served within the proper time, 31 Eliz. c. 3, s. 2....
Minor minorem custodire non debet; alios enim prasumitur male regere qui sepisum regere nescit
Minor minorem custodire non debet; alios enim prasumitur male regere qui sepisum regere nescit [Lat.], a minor cannot be guardian to a minor, for he is presumed to direct others badly who knows not how to direct himself....
Non-user
Non-user. non-user, or neglect, in public offices that concern the administration of justice, or the commonwealth, is of itself a direct and immediate cause of forfeiture; but non-user of a private office is no cause of forfeiture, unless some special damage is proved to be occasioned thereby, 2 Bl. Com. 153; and see LETTERS PATENT. [S. 38, expln. II, Indian Easements Act]...
Non omittas
Non omittas, the clause 'that you omit not by reason of any liberty in your bailiwick,' which is usually inserted in all processes addressed to sheriffs, which makes the liberty pro hac vice parcel of the sheriff's bailiwick, and the sheriff must enter and execute the writ within the liberty.If a writ do not contain a non omittas clause, the sheriff directs his mandate either to the lord or the bailiff of the liberty, by whom the writ is executed and returned....
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)....
Clerico infra sacros ordines constituto, non eligendo in officium
Clerico infra sacros ordines constituto, non eligendo in officium, a writ directed to those who have thrust a bailiwick or other office upon one in holy orders, charging them to release him, Ibid. 143....
Multa conceduntur per obliquum, qua non conceduntur de directo
Multa conceduntur per obliquum, qua non conceduntur de directo [Lat.], many things are obliquely conceded which are not conceded directly...
Non-performing asset
Non-performing asset, means an asset or account of a borrower, which has been classified by a bank or financial institution as sub-standard, doubtful or loss asset, in accordance with the directions or under guidelines relating to assets classifications issued by the Reserve Bank. [Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), s. 2 (1) (o)]...
Quaerens non invenit plegium
Quaerens non invenit plegium, means the plaintiff did not find a pledge. A sheriff's return to a writ requiring him to take security from the plaintiff for prosecution of the plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1253.--(the plaintiff has not found pledge) (the plaintiff has not found pledge), a return made by a sheriff upon certain writs directed to him with this clause: Si. A. fecerit B. securum de clamore suo prosequendo, etc., Fitz N. B. 38....
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