Quash

Quash [cassum facere, Lat.; casser, Fr.], to overthrow or annul-Bracton; as to quash an indictment, or order of justices, or a poor-rate. See CERTIORARI....

quash

quash [Anglo-French quasser, from Middle French casser quasser, from Late Latin cassare, from Latin cassus void] : to make void : annul [ a subpoena] ...

Cassetur breve (that the writ be quashed). When the defendant pleaded sufficient matter in abatement and the plaintiff could not deny it, he could either obtain leave to amend his declaration, or he might at once enter on the roll a casetur breve, or judgment upon his prayer that his writ might be quashed, to the intent that he might sue out a better, 2 Chit. Arch. Prac. Pleas in abatement are, however, now abolished by the Judicature Act, 1875. See Abatement....

Cass

To render useless or void to quash to annul to reject to send away...

Quash

Same as Squash...

Cassation

Cassation [fr. casser, Fr., to quash], a making null and void any unjust or illegal act or decision; also a decision in the last resort, Fr. Law. The 'Cour de Cassation' is the Highest Court of Appeal in France....

Consideration

Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...

Quia improvide emanavit

Quia improvide emanavit (because it issued mistakenly). A supersede as to quash and nullify a writ erroneously issued....

Set aside

Set aside, is to revoke or quash. It means the interim order has come to an end and has become inoperative, Bileshwar Khan Udyog Khedut Shahakari Mandali Ltd. v. Union of India, AIR 1999 SC 1198. [See Levy Sugar Price Equalisation Act (31 of 1976), ss. 3(3), 2(b)(ii)]...

Dilatory pleas

Dilatory pleas, a class of defence founded on some matter of fact not connected with the merits of the case, but such as might exist without impeaching the right of action itself. They were either pleas to the jurisdiction, showing that, by reason of some matter therein stated ,the case was not within the jurisdiction of the Court, or pleas in suspension, showing some matter of temporary incapacity to proceed with the suit; or pleas in abatement, showing some matter for abatement or quashing the declaration. These pleas must have been verified by affidavit or otherwise, and pleaded within four days from delivery of declaration, 4 Anne, c. 16. Pleas in Abatement are now abolished. See ABATEMENT....

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