Procedural Default - Law Dictionary Search Results
procedural default
Matched in: Term procedural default
Default summons
Matched in: Term Default summons
judgment
of default against a party for failure to appear, to file a pleading, or to take other required procedural steps called also judgment by default compare decree pro confesso at decree deficiency judgment : a judgment in
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Decree
lies as an appeal from an order, or (b) any order of dismissal for default. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (2)] Prior to the integration of Hyderabad State with the Indian Union
summary process
summary manner ;specif : a procedure to repossess real property esp. from a tenant upon nonpayment or other default : a summary eviction … summary process : a procedure allowed to enforce a claim or right in a summary manner ;specif : a procedure to repossess real
May
Court to strike off the defence. It does not oblige it to do so in every case of default, Bimal Chand Jain v. Sri Gopal Agarwal, AIR 1981 SC 1657: (1981) 3 SCC 486: (1982) 2 SCR … of Bihar, 1961 SC 849; Narayana Rao v. State of Andhra Pradesh, 1957 SC 737. [See also Civil Procedure Code, 1908, s. 39] The word 'may' in Article 226 of the Constitution has reference to sanction and
unavoidable casualty
unavoidable casualty : unavoidable accident ;also : an unavoidable circumstance that prevents the timely performance of a procedural act (as the filing of an answer) by a party or the party's lawyer compare excusable neglect NOTE: … excusable neglect NOTE: As with excusable neglect, showing evidence of unavoidable casualty will relieve a party from a default judgment or a time limit.
cure
or corrects: as a : to use judicial procedures to undo (damage to a litigant's case caused by procedural errors made during a trial) [subsequent proceedings cured harm caused by trial court's error in impermissibly allowing…statements of … [the nonconformity would be seasonably cured "J. J. White and R. S. Summers"] c : to negate (a default by a debtor in bankruptcy) by restoring the debtor and creditor to their positions before the default vi
excusable neglect
to excuse that party compare unavoidable casualty NOTE: Excusable neglect allows a party to seek relief from a default judgment, to file late, or to be granted a deadline extension. … excusable neglect : the failure of a party to follow a required procedure in a timely fashion that results from a circumstance (as an accident) which is considered by the court
Imprisonment
under 14 cannot be sentenced to imprisonment or penal servitude for any offence, or committed to prison in default of payment of a fine, damages, or costs, and a young person (i.e., one who is 14 but … (English) Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38); this Act now regulates the procedure on appeal to Quarter Sessions; Chitty's Statutes, tit. 'Justices.' Important alterations in the law relating to imprisonment have
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