Re Summons - Law Dictionary Search Results
Home Dictionary Name: re summons Page: 5Indorsement of claim
Indorsement of claim. By R.S.C. 1883, Ord. II., r. 1, every writ of summons in the High Court must be indorsed with a statement of the nature of the claim made, or of the relief or remedy required. And by Ord. III. it is further provided that the indorsement of claim shall be made on every writ of summons before it is issued (r. 1). See, further, LEAVE TO DEFEND...
Signet
Signet, a seal commonly used for the sign-manual of the sovereign. See PRIVY SEAL.An elaborate hand-drawn symbol (usu. incorporat-ing a cross and notary's initials) formerly placed at base of notarial instrument, later replaced by a seal, Black's Law Dictionary, 7th Edn., p. 1387.In Scotland, before the Administration of Justice (Scotland) Act, 1933, was passed, the 'will,' an essential part of a summons before the Court of Session, was required to be signed by a Writer to the Signet (q.v.). the summons must be sealed at the Signet Office before service, or founding action.[Latin, is he has signified]...
Special circumstances
Special circumstances, the expression 'special cir-cumstances' is not defined in the Civil Procedure Code nor is it capable of any precise definition by the court because problems of human beings are so varied and complex. In its ordinary dictionary meaning it connotes something exceptional in character, extraordinary, significant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, (2003) 5 SCC 315. (Civil PC, 1908, O. 37, R. 4)In its ordinary dictionary meaning it connotes some-thing exceptional in character, extraordinary, signi-ficant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, AIR 2003 SC 1322: (2003) 5 SCC...
Administration
Administration, the giving or supplying of something. The term is used in three different senses. (1) granting of letters of administration to an administrator by the Probate Division. (2) The administration of the estate of a deceased person by an executor or administrator, i.e., the payment of his debts and the distribution of his assets among the persons entitled. See ss. 32 et seq., First Sched., Part III., of the (English) Administration of Estates Act, 1925, and Re Tony, (1931) 1Ch 202. (3) The administration of the estate by the Chancery Division in cases where difficulties have arisen in the course of administration. Orders for administration by the Chancery Division are made on originating summons, and only by the judge in person. see Trist. And Coote, Prob. Pr.; R. S. C. Ord. LV., rr. 3 et seq.; Seton on Judgments. And see ADMINISTRATOR; WIDOW.The body of ministers appointed by the Crown to carry on the government of the country; now more commonly called 'the Government.'The ...
Inferior Courts (UK)
Inferior Courts (UK). They are the Court baron, the hundred Court, the borough civil Court, the County Court, the Mayor's Court, London, and also all courts of a special jurisdiction; but the county Courts are by far the most important of them. They are all controllable by writ of prohibition if they exceed their jurisdiction. See, further, the Borough and Local Courts of Record Act, 1872 (35 & 36 Vict. c. 86); and as to the jurisdic-tion of such courts, and the rules of procedure in force therein, see also the Judicature Act, 1925, ss. 201-209, and COUNTY COURTS.The (English) Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31), following the procedure of the Judgments Extension Act, 1868, which applies to superiors courts only, renders, to a certain extent, judgments obtained in inferior courts in England, Scotland, and Ireland res-pectively, effectual in any other part of the United Kingdom; but the working of the Act is very much cramped by the provision of s. 10, th...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
Dismissal of action
Dismissal of action. This may take place upon default in delivery of statement of claim, failure to give notice of trial, failure within 14 days to take out a summons for directions, etc, (English) R.S.C. 1883, Ord. XXVII., r. 1; XXXVI., r. 12; XXX., r. 8....
Masters of the Supreme Court
Masters of the Supreme Court, in the King's Bench Division, officials, seven in number, deriving their title from the (English) Jud. (Officers) Act, 1879 (see now Jud. Act, 1925, ss. 106, 122, Sched. III., Part I.), and filling the places of the Masters of the Common Law Courts, the King's Coroner and Attorney, the Master of the Crown Office, the two Record and Writ Clerks, and the three Associates. Their jurisdiction is mainly to hear summonses for directions (see DIRECTIONS, SUMMONS FOR), to supervise pleadings, and decide as to discovery. There are also Masters in the Chancery Division who have succeeded to the position and powers of the Chief Clerks of the Chancery judges, the title of 'Master of the Supreme Court' having been substituted for that of 'Chief Clerk in 1897. Under the present system there are three sets of Chancery Chambers, each with four Masters and attached to two judges. The duties of the Masters are to hear summonses for directions, take accounts and answer inqui...
Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
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