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Pleader - Law Dictionary Search Results

Home Dictionary Name: pleader

Defender, advocate, pleader

Defender, advocate, pleader, a debender exerts himself in favour of one that wants support; and advocate signifies one who is called to speak in favour of another; a pleader from plea or excuse, signifies him who pleads in behalf of one who is accused or a party in a civil suit. A defender attempts to keep off a threatened injury by rebutting the attack of another; an advocate states that which is to the advantage of the person or thing advocated; a pleader throws in pleas and extenuations. 'So fair a pleader any cause may gain'. (Dry den)...


Government pleader

Government pleader, included any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (7)]...


Fair pleader

Fair pleader. See BEAU-PLEADER....


Pleader

Pleader [fr. narrator, Lat.], one who draws pleadings. See SPECIAL PLEADER.It means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (15)]When used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other appointed with the permission of the Court to act in such proceeding. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (q)]...


Special pleaders

Special pleaders, members of an inn of Court who devote themselves mainly to the drawing of pleadings, and to attending at judge's chambers. If not called to the Bar, as was in former times (when many special pleaders practised as such prior to being called to the Bar) frequently the case, they take out annual certificates on which a duty of 9l. is payable, under s. 44 and Schedule of the (English) Stamp Act, 1891, re-enacting similar provisions of the repealed Stamp Act, 1870. They are exempt while in practice from jury service, by the Juries Act, 1870, and see (English) Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), ss. 47 to 49....


Beau-pleader

Beau-pleader (to plead fairly), an obsolete writ upon the Statute of Malbridge (52 Hen. 3, c. 11), which enacted that neither in the circuits of the justices, nor in counties, hundreds, or courts-baron, any fines should be taken for fair pleading, i.e., for not pleading fairly or aptly to the purpose; upon this statute, them, this writ was ordained, addressed to the sheriff, bailiff, or him who shall demand such fine, prohibiting him to demand it; an alias, pluries, and attachment followed, Nat. Br. 596. It used to be had as well in respect of vicious as fair pleading by way of amendment-2 Inst. 122....


Faint pleader

Faint pleader, a fradulent, false, or collusive manner of pleading to the deception of a third person, 3 Edw. 1, c. 19....


Office

Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...


Presence

Presence, s. 273 provides for dispensation from personal attendance. In such cases evidence can be recorded in the presence of the pleader. The presence of the pleader is thus deemed to be presence of the accused. Thus s. 273 contemplates constructive presence. This shows that actual physical presence is not a must. This indicates that the term 'presence', as used in this s., is not used in the sense of actual physical presence. A plain reading of s. 273 does not support the restrictive meaning sought to be placed by the respondent on the word 'presence', State of Maharashtra v. Prafula B. Desai, AIR 2003 SC 2053 (2059): (2003) 4 SCC 601. (Criminal PC, 1973, s. 273)...


Countor

An advocate or professional pleader one who counted for his client that is orally pleaded his cause...


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