Non Appearance - Law Dictionary Search Results
Home Dictionary Name: non appearanceNon-appearance
Non-appearance, the omission of timely and proper appearance; a failure of appearance. See APPEARANCE....
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....
Good cause, sufficient case Difference
Good cause, sufficient case Difference, The differ-ence between the words 'good cause' for non-appearance in O. IX, R. 7 and 'sufficient cause' for the same purpose in O. IX, R. 13 as pointing to different criteria of 'goodness' or 'sufficiently' for succeeding in the two proceedings; and as there-fore furnishing a ground for the inapplicability of the rule of res judicata. As this ground was not seriously mentioned before us, we need not examine it in any detail but we might observe that we do not see any material difference between the facts to be established for satisfying the two tests of 'good cause' and 'sufficient cause'. We are unable to conceive of a 'good cause' which is not 'sufficient' as affording an explanation for non-appearance, nor conversely of a 'sufficient cause' which is not a good one and we would add that either of these is not different 'good and sufficient cause' which is used in this context in other statutes. If, on the other hand, there is any difference bet...
Idem est non esse et non apparere
Idem est non esse et non apparere. Jenk. Cent. 207, (Not to be and not to appear are the same.) See Hale, de Jure Mars, pt. I, c. 4, p. 14; R. v. Lord Yarborough, (1824) 3 B&C 96....
Non liquet
Non liquet (it does not appear clear), a verdict given by a jury when a matter was to be deferred to another day of trial.The same phrase was used by the Romans; after hearing a cause, such of the judges as thought it not sufficiently clear to pronounce upon cast a ballot into the urn with the two letters N.L. for non liquet....
non 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 ...
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
Sufficient cause
Sufficient cause, for non-appearance refers to the date on which the absence was made a ground for proceeding ex parte and cannot be stretched to rely upon other circumstances anterior in time, Tea Auction Ltd. v. Grace Hill Tea Industry, AIR 2007 SC 67.Sufficient cause is an expression which is found in various statues. It has been construed liberally in keeping with its ordinary dictionary meaning as adequate or enough. That is, any justifiable reason resulting in vacation has to be understood as sufficient cause. For instance economic difficulty or financial stringency or family reasons may compel a landlord to let out a building in his occupation. So long as it is found to be genuine and bona fide it would amount to vacating a building for sufficient cause, Surinder Singh Sibia v. Vijay Kumar Sood, AIR 1992 SC 1540 (1541): (1992) 1 SCC 70. [H.P. Urban Rent Control Act, 1987, s. 14(3), Proviso 2]The expression 'sufficient cause' cannot be cons-trued too liberally, merely because the...
general appearance
general appearance : a court appearance by which a party submits to the jurisdiction of the court esp. by asking for any relief other than a ruling that the court has no jurisdiction over the appearing party compare special appearance NOTE: General and special appearances are not used in the federal courts or in state courts that follow the Federal Rules of Civil Procedure. ...
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....
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