Non Prosequitur - Law Dictionary Search Results
Home Dictionary Name: non prosequiturnon prosequitur
non prosequitur [Late Latin, he or she does not prosecute] : a judgment entered against a plaintiff for failure to appear to prosecute a suit compare nolle prosequi ...
Non pros
Non pros., abbrev. For non prosequitur (he [the plaintiff] does not pursue [his action]). Where the plaintiff failed to take the proper step in his action in the proper time, the defendant entered what was called a non prosequitur, and signed final judgment against the plaintiff, who was said to be non pros.Under R.S.C. 1883, Ord. XXVII., when the plaintiff neglects to proceed, the course is for the defendant to apply for a dismissal of the action for want of prosecution....
Non pros
An abbreviation of Non prosequitur...
nonpros
nonpros non·prossed non·pros·sing : to enter a non prosequitur against ...
nolle prosequi
nolle prosequi [Latin, to be unwilling to pursue] : an entry in a criminal action denoting that the prosecutor will not prosecute the case further in whole or as to one or more of several counts or one or more of several defendants compare non prosequitur ...
De non apparentibus et non existentibus eadem est ratio
De non apparentibus et non existentibus eadem est ratio. 5 Rep. 6.-(As to things not apparent, and those not existing, the rule is the same.) The maxim applies where a party seeks to rely on writings not produced in Court, which have, on account of such non-production, to be treated as non-existent (Broom's Max.), unless they can be proved by secondary evidence....
Financial non-viability
Financial non-viability, The expression 'financial non-viability' has not been defined in the Income Tax Act but the Finance Minister's speech, the Notes on Clauses of the Bill and the Memorandum explaining the provisions thereof make it clear that the financial non-viability of an undertaking has been equated with the 'sickness' of such undertak-ing and obviously in the context of its revival by a sound undertaking the sickness must be of a temporary character and not any basic or permanent sickness. An undertaking which is basically or potentially non-viable will ordinarily be incapable of revival and would face a closure; in other words, the financial non-viability spoken of by the s. must refer to sickness brought about by temporary adverse financial circumstances that disables the unit to stand and work on its own. Since the expression is occurring in a taxing statute in the context of amalgamation of companies it will have to be understood in its popular sense, that is to say, th...
Misfeasance and non-feasance
Misfeasance and non-feasance, there is a distinction between misfeasance (positive action) and non-feasance (omission). Misfeasance is wilful, reckless or heedless conduct in commission of a positive act lawfully done but with improper conduct. Non-feasance means non-performance of some act which ought to be performed or omission to perform required duty or total neglect of duty. In the case of misfeasance, the defendant is the author of the source of danger to cause damage due to careless conduct, to the person/property of plaintiff. He has knowledge that the act may give rise to tort but in the case of non-feasance several factors require consideration for giving rise to actionable negligence, Rajkot Municipal Corporation v. Manjulaben Jayantilal Nakum, (1997) 9 SCC 552 (582)...
Non-commissioned officer
Non-commissioned officer, means a person holding a non-commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces, and includes a non-commissioned officer or acting non-commissioned officer of the Indian Supplementary Reserve Forces or the Territorial Army who is for the time being subject to this Act. [Army Act, 1950 (46 of 1950), s. 3 (xv)] [s. 132(3)(d), Cr. P.C.]Nonconformist. See DISSENTERS....
Quod non apparet non est; et non apparet judicialiter ante judicium
Quod non apparet non est; et non apparet judicialiter ante judicium (2 Inst. 479), that which appears not is not, and appears not judicially before judgment....
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