Plaint - Law Dictionary Search Results
Home Dictionary Name: plaintPlaint
Plaint [fr. plainte, Fr.; querela, Lat.], the statement in writing of a cause of action. It is the first process in an inferior court in the nature of an original writ, because there is briefly set forth the plaintiff's cause of action: and the judge is bound, of common right, to administer justice therein without a special mandate from the Crown.Plaint, includes a written statement pleading, a set off or counter-claim. [The Gujarat Court-fees Act, 2004, s. 2(c)]Means the statement in writing of a cause of action in which the relief claimed is sketched in detail. Plaintiff is the person presenting a plaint to get a relief from the court; a person who commences an action another, called a defendant, STC of India v. Ironside Ltd., AIR 1966 Bom 126 (DB)....
Plaintful
Containing a plaint complaining expressing sorrow with an audible voice...
Abridge
Abridge [fr. abreger, Fr., abbreviare, Lat.], to make shorter in words retaining the substance. Also the making a declaration or count shorter by subtracting or severing some of the substance therefrom, i.e., a man was said to abridge his plaint in assize, and a woman her demand in action of dower, where any land was put into the plaint or demand which was not in the tenure of the defendant; for if the defendant pleaded non-tenure, joint-tenancy, or the like, in abatement of the writ as to part of the lands, and plaintiff might leave out those lands, and pray that the tenant might answer to the rest, Brooke, tit. 'Abridgment.' Now obsolete in consequence of the abolition of real and mixed actions, by the (English) Real Property Limitations Act, 1833 (3 & 4 Will. 4, c. 27), s. 36, and the (English) Common Law Procedure Act, 1860 (23 & 24 Vict. C. 126), s. 26....
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
Pone
Pone. If goods had been replevied by virtue of a replegiari facias (which was rarely if ever the case), the plaint in a County Court was removed into the King's Bench or Common Pleas by writ of pone. It was an original writ obtained from the cursitor, bearing teste after the entry of the plaint in the County Court, and returnable on a general day in term, wheresoever, etc. It was also the proper writ to remove all suits which were before the sheriff by writ of justices. Obsolete, 3 Steph. Com....
Suit
Suit, a 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, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal 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 judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
Written statement
Written statement, expression 'written statement' is a term of specific connotation ordinarily signifying a reply to the plaint filed by the plaintiff. This specific word is followed by general words 'taking any other steps in the proceedings', Food Corpora-tion of India v. Yadav Engineer & Contractor, AIR 1982 SC 1302: (1982) 2 SCC 499 (509): (1983) 1 SCR 95. (Civil PC, O. 8, R. 1)The expression 'written statement' is a term of specific connotation ordinarily signifying a reply to the plaint filed by plaintiff, Rachappa Guruadappa Bijapur v. Gurusiddappa Nuraniappa, AIR 1989 SC 635: (1989) 3 SCC 245: (1988) Supp 3 SCR 884.Written statement. See New India Assurance Co. Ltd. v. Sanjay Devshri, AIR 2005 (NOC) (Guj) 574....
plaintiff
plaintiff [Middle French plaintif, from plaintif, adj., grieving, from plaint lamentation, from Latin planctus, from plangere to strike, beat one's breast, lament] : the party who institutes a legal action or claim (as a counterclaim) see also complainant, complaint, libellant compare defendant, prosecution ...
Plaint
Audible expression of sorrow lamentation complaint hence a mournful song a lament...
Brigandine
Brigandine [lorica, Lat.], a coat of mail or ancient armour, consisting of numerous jointed scale-like plates, very plaint and easy for the body, mentioned in 4 & 5 P. & M. c. 2; also in Jer. xlvi. 4, and ii. 3, Authorized Version....
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