Respondent - Law Dictionary Search Results
Material facts
Puttaswamy Gawda, (1999) 2 SCC 217. Material facts, are facts upon which the plaintiff's cause of action or defendant's defence depends and which must be proved in order to establish the plaintiff's right to relief claimed in
Monition
a warning or caution; Admonition. 2. Civil & Maritime law. A summons to appear in court as a defendant or to answer contempt charges. 3. A formal Notice from a bishop demanding that an offence within the
Non detinet
a plea by way of traverse, which occurred in the action of detinue. This plea alleged that the defendant did not detain 'the said goods in the said declaration specified,' etc. It operated accordingly as a denial
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Negative
has acted illegally till the contrary is proved. Where the presumption of law is in favour of a defendant, then the plaintiff must disprove the defence, though he may have to prove a negative. In summary proceedings
Never Indebted, plea of
species of traverse which occurred in actions of debt on simple contract, and was resorted to when the defendant meant to deny in point of fact the existence of any express contract to the effect alleged in
Nihil capiat per breve
nothing by his writ). Where an issue, arising upon a declaration or temporary plea, is decided for the defendant, the judgment is, generally, that the plaintiff take nothing, etc., and that the defendant go thereof without day,
Justicies
36. As the sheriff could not, by this process, or the judgment to be obtained thereupon, arrest the defendant' body, but only take his goods, and as the cause might be removed at the defendant's pleasure into
Non est factum
or other specialty, and also in covenant. It denied that the deed mentioned in the declaration was the defendant's deed; under this, the defendant might contend at the trial that the deed was never executed in point
Non pros
action]). Where the plaintiff failed to take the proper step in his action in the proper time, the defendant entered what was called a non prosequitur, and signed final judgment against the plaintiff, who was said to
Larrison rule
Larrison rule, means the doctrine that a defendant may be entitled to a new trial on the basis of newly discovered evidence of false testimony by
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