Petitioner V The - Law Dictionary Search Results
Cause of action
P.C., 1908, O. 6, R. 17) The expression 'cause of action' means that bundle of facts which the petitioner must prove, if traversed, to entitle him to a judgment in his favour by the Court, ONGC v.
Judgment
v. Shri Lal Chand Khanna, AIR 1969 Del 85. An order of a Single Judge that the election petition is properly constituted and is not liable to be dismissed on ground of non-joinder of the person against
Costs
that the Crown neither receives nor pays costs, but thee are many statutory exceptions, as, for example, in petitions of right [(English) Petitions of Right Act, 1860 (23 & 24 Vict. c. 34), s. 12] and in … in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is
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Passing off
usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157. An infringement action is available where there is violation of specific … violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of
Public Authorities, Protection of
from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause … Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards
Negligence
responsible for any damage done owing to the thing escaping, unless, possibly, the damage is due to the plaintiff's act or default, vis major, or the act of God, or under statutory sanction positively enjoining the act … charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of
Security for costs
resides in Scotland or Northern Ireland security will not be required: aliter, in the Irish Free State, Wakely v. Triumph Cycle Co., 40 TLR 15 (CA); (2) where he mis-describes his residence, or is keeping out of … Security for costs. In certain cases a plaintiff, before proceeding with his action, may be required to give security for the costs of it. The principal
Suit
or an application. [Limitation Act, 1963, s. 2 (l)] The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209. The word 'suit' includes an appeal from the … following. It is used in divers senses:- (1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act,
Material facts
should be fully set out in the election petition and if any fact is not set out, the petitioner cannot be permitted to adduce the evidence relating thereto later; nor will be permitted to amend the petition … to amend the petition after expiry of the period of limitation prescribed for an election petition, H.D. Revanna v. G. Puttaswamy Gawda, (1999) 2 SCC 217. Material facts, are facts upon which the plaintiff's cause of action
Limitation of actions and prosecutions
Property Act, 1882 (45 & 46 Vict. c. 75), ss. 1, 5 and 12] An allowance to the plaintiff for 'absence beyond the seas' which formerly obtained is excluded by s. 4 of the Real Property Limitation … Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the
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