Notice Pleading - Law Dictionary Search Results
Home Dictionary Name: notice pleading Page: 2 Page 2 of about 54 results (0.004 seconds)Notice of trial
Notice of trial may be given by a plaintiff with the reply, if any, or at anytime after the issues of fact are ready for trial (R.S.C., Ord. XXXVI., r. 11), or by a defendant, if not given by the plaintiff within six weeks after the close of the pleadings (rule 12). Ten days' notice of trial must be given, unless the party to whom it is given has consented to take short notice; in which case four days are sufficient (rule 14)....
Oyer
Oyer (to hear), the ancient word for assizes; oyer of a deed, i.e., the right of a defendant to have a deed read to him, is abolished by (English) C.L.P. Act, 1852, 55.Means a party having a right to demand oyer is yet not obliged, in all cases, to exercise that right; nor is he obliged, in all cases, offer demanding it, to notice it in the pleading he afterwards files or delivers. Sometimes, however, he is obliged to do both, namely, where he has occasion to found his answer upon any matter contained in the deed of which profert is made, and not set forth by his adversary. In these cases the only admissible method of making such matter appear to the court is to demand oyer, and, from the copy given, set forth the whole deed verbatim in his pleading, Handbook of Common-Law Pleading, Benjamin J. Shipman, 289 at 483 (Henry Winthrop Ballantine, Editor, 3rd Edn., 1923)....
Serve
Serve, means to make a legal delivery of (a notice or process) of a copy of the pleading on all interested parties, Black's Law Dictionary, 7th Edn., p. 1373.Serve, to serve means 'to perform function; do what is required for, Coal Mines Provident Fund Commissioner v. Ramesh Chander Jha, AIR 1990 SC 648 (649).1. To make legal delivery of a notice or process 2. To present a person with a notice or process as required by law, Black's Law Dictionary, 7th Edn., p. 1372...
Practice
Practice, connotes repeated events but that will not affect the construction to be placed on the words 'unfair labour practice to dismiss or discharge, Hindustan Lever Ltd. v. Ashok V. Kate, AIR 1966 SC 285, p. 301, (see Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Sch. IV, item 1).Practice, denotes the mode of proceeding by which a legal right is enforced as distinguished from the law which gives and defines the right, State of Seraikella v. Union of India, AIR 1951 SC 253: 1951 SCR 474: 1951 SCJ 425.Practice, includes any practice relating to the carrying on of any trade by a person or an enterprise. [Competition Act, 2002 (92 of 2003), s. 2(m)]The form and manner of conducting and carrying on suits, actions, or prosecutions at law or in equity, civil or criminal, through their various stages, from the commencement to final judgment and execution, according to principles and rules laid down by the several Courts. As to the precise meani...
Bill in Chancery, or Bill in Equity
Bill in Chancery, or Bill in Equity, a printed or written statement of a plaintiff's case, in the nature of a petition to the Court, praying for some redress.For the descriptions of the several bills, see their distinctive names, as PEACE, BILL OF.Bills are now abolished, and all actions in the High Court are now commenced by writ of summons, followed in certain cases by a statement of claim (R.S.C. 1883). See STATEMENT OF CLAIM; WRIT OF SUMMONS; and PLEADING....
Particulars
Particulars. The courts have a general jurisdiction, independently of statute, to order a detailed statement of the demand in any litigation, or of any defence, to be given that surprise may be avoided, and substantial justice promoted, 2 Chit. Arch. Prac. The necessity for application for particulars has become less frequent since the Judicature Acts, as the Rules of Court under those Acts have substituted a statement of claim containing the material facts on which the plaintiff relied for the declaration under the old practice, which only contained a legal statement of the plaintiff's cause of action.It is provided, however by (English) R.S.C., Ord. XIX, R. 7, that:-A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just;and see the Index to the Annual Practice...
Conclusion
Conclusion, a binding act; also the end of a pleading or conveyance. In Scottish practice, that part of a summons which defines what the Court is asked to order or declare....
Inspection of written documents
Inspection of written documents. It was provided by the (English) Evidence Act, 1851 (14 & 15 Vict. c. 99), s. 6, that in any action or other proceeding the court or a judge might, on application by either party, compel the opposite party to allow the party making the application to inspect all documents in the custody or under the control of such opposite party relating to such action or other legal proceeding, and if necessary to take examined copies of the same, or to procure the same to be duly stamped. Even prior to this Act the court would, in certain cases, in the exercise of its equitable jurisdiction, order inspection of specific documents.By (English) R.S.C. 1883, Ord. XXXI., rr. 15-18, either party is prima facie as a matter of right entitled to inspect (after notice) documents referred to in the pleadings or affidavits of the other, and may, by leave of a judge, and upon an affidavit, inspect other documents in possession of the other; and by Ord. L., r. 3, any party to a c...
Masters of the Supreme Court
Masters of the Supreme Court, in the King's Bench Division, officials, seven in number, deriving their title from the (English) Jud. (Officers) Act, 1879 (see now Jud. Act, 1925, ss. 106, 122, Sched. III., Part I.), and filling the places of the Masters of the Common Law Courts, the King's Coroner and Attorney, the Master of the Crown Office, the two Record and Writ Clerks, and the three Associates. Their jurisdiction is mainly to hear summonses for directions (see DIRECTIONS, SUMMONS FOR), to supervise pleadings, and decide as to discovery. There are also Masters in the Chancery Division who have succeeded to the position and powers of the Chief Clerks of the Chancery judges, the title of 'Master of the Supreme Court' having been substituted for that of 'Chief Clerk in 1897. Under the present system there are three sets of Chancery Chambers, each with four Masters and attached to two judges. The duties of the Masters are to hear summonses for directions, take accounts and answer inqui...
Peremptory Rule
Peremptory Rule. Formerly a defendant might obtain a peremptory rule to declare within a certain time, absolute in the first instance. This was abolished by (English) C.L.P. Act, 1852, s. 53, and a four-day notice substituted. See now PLEADING; STATEMENT OF DEFENCE....
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