Special Case - Law Dictionary Search Results
Home Dictionary Name: special case Page: 2Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
Defence
Defence [fr. defensio, Lat.], popularly a justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint.In Civil matters, a defence (which is always in writing or printed) is either (1) by statement of defence, which may be a denial of the plaintiff's right, or may be an allegation of a set-off or counterclaim by the defendant which will cover wholly or in part the claim of the plaintiff; or (2) by a statement of defence raising a point of law, so as to show that the facts alleged by the plaintiff do not disclose any cause of action to which effect can be given by the Court; see R.S.C., Ord. XXV., sub-stituted for the old 'demurrer.' See STATEMENT OF DEFENCE DEMURRER.In certain cases, e.g., where the plaintiff's claim is for a liquidated sum only, he may specially indorse his writ, and in such case leave must be obtained to defend (R.S.C. 1883, Ord. III., R. 6; Ord. XIV.).In Criminal matters (which is always by word of mout...
Autre vie, Estate pur
Autre vie, Estate pur, a tenancy of land for the life of another who is called the cestui-que vie. The lowest estate of freehold which the law allowed before 1926. After 1925 the estate has become an equitable interest, (English) Law of Property Act, 1925, s. 1. If limited to the grantee and his heirs, it passed to the grantee's heirs or special occupants; if granted to executors or administrators, they took, as special occupants, if in that case or if there was no special occupant the estate went to the executors or administrators of the grantee. (Wills Act, 1837 (1 Vict. c. 26), s. 6, superseding the Statute of Frauds, s. 3, and 14 Geo. 2, c. 20, s. 9). By s. 3 of the (English) Wills Act, 1837, the estate was declared to be disposable of by will. The estate could be assigned inter vivos. It could not be the subject of entail, see Carson's Real Property Statutes; Notes to s. 1 of the (English) Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). It was not subject to dower or curtesy....
Special paper
Special paper, a list kept in the Courts of Common Law, and afterwards in the Queen's Bench Division of the High Court, in which list special cases, etc., to be argued, were set down...
Readiness and willingness of the tenant to pay
Readiness and willingness of the tenant to pay, the readiness and the willingness of the tenant to pay could be found only if he had complied with the provisions of the Act. The Act does not cover the case of a person who is unable to pay owing to want of means but is otherwise 'ready and willing.' Such a case in no doubt a hard one, but, unfortunately, it does not enable Courts to make a special law for such hard cases which fall outside the statutory protection, Mistry Premjibhai Vithaldas v. Ganeshbhai Keshavji, AIR 1977 SC 1707 (1711): (1977) 3 SCC 11. [Bombay Rents, Hotel and Lodg-ing House Rates Control Act, (57 of 1947), s. 12(3)(a)]...
Certifies
Certifies, the word 'certifies' is a strong word. It indicates that the High Court must bring its mind to bear on the question and as in all cases of judicial orders and certificates, the reasons for the order must be apparent on the face of the order itself. The Supreme Court must be in a position to know first that the High Court had applied its mind to the matter and not acted mechanically and, secondly, exactly what the High Court's difficulty is and exactly what question of outstanding difficulty or importance the High Court feels the Supreme Court ought to settle, Baladin v. State of Uttar Pradesh, AIR 1956 SC 181 (188). [Constitution of India, Art. 134(1)(c)]The word 'certifies' in sub-article (1)(c) is a strong word which requires the High Court to look closely into the case to see if any special consideration arise. If a case does not involve any question of law, then however difficult the question of fact may be, that would not justify the grant of a certificate under Article...
Paper-days
Paper-days. In each of the Common Law Courts certain days were appointed in each term, called Special Paper Days, because the Court on those days proposed to hear the cases entered in the Special Paper for argument. They were also fixed in the Queen's Bench, Crown Paper-days for disposing of business on the Crown side of the Court. On these days no motions were heard. Since the coming into force of the Judicature Acts, arrangements similar to those above mentioned continue to be made....
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Consultary response
Consultary response, the opinion of Court of law on a special case....
Justicies
Justicies, a writ directed to the sheriff in some special cases, by virtue of which he might hold plea of debt in his county Court for a large sum; whereas by his ordinary power he was limited to sums under 40s, Fitz. N.B. 117; 3 Bl. Com. 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 the superior courts, this process fell into desuetude....
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