Special Pleas - Law Dictionary Search Results
Rules of Court
Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...
Enlargement or abridgement of time
Enlargement or abridgement of time, Order VI, r. 2(14) of the Supreme Court Rules, 1966 speaks of applications for enlargement or abridgement of time. Here the words 'enlargement or abridgement of time' take in applications for enlargement of time appointed by the Rules. The significant feature in the Rules is that applications for condonation of delay in filing special leave petition are excepted from the business of a Chamber Judge. The natural presumption is that but for the exception the Rule would have included also applications for condonation of delay in filing special leave petitions. Any application for con-donation of delay in filing petition of appeal is included in application for enlargement or abridge-ment of time, C.I.T., Bombay City v. R.H. Pandit, Managing Trustees of Trust, Bombay (1974) 2 SCC 627: AIR 1974 SC 2269: (1975) 2 SCR 7....
Locus standi
Locus standi, is a place for standing, rights to be heard, A Dictionary of Law, William C. Anderson, 1889, p. 637.Locus standi, is the right of the petitioner against a private, provisional order or hybrid bill or special procedure order to be heard upon his petition. A petitioner has locus standi which his interest is directly hit by the bill, if passed into law, Parliamentary Dictionary, L.A. Abrahan and S.C. hawtrey, 1956, p. 113.Locus standi, the right of a party to appear and be heard on the question before any tribunal, frequently disputed in private bill legislation. Consult the works of Smethurst, or of Clifford and Stephens, on this subject....
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....
Doleance
Doleance, is in the nature of a complaint against the court for misconduct or negligence in refusing an appeal and leave to bring a doleance will not be granted if the matter of the petition could be disposed of on ordinary appeal whether by special leave or otherwise, Credit Foncier of England v. Army, (1874) LR 6 PC 146...
Petition of Right
Petition of Right, 3 Car. 1, c. 1, a parliamentary declaration of the liberties of the people, assented to by Charles I. in the beginning of his reign.In the first Parliament of Charles I., which met in 1626, the Commons refused to grant supplies until certain rights and privileges of the subject, which they alleged had been violated, should have been solemnly recognised by a legislative enactment. With this view they framed a petition to the king, in which, after reciting various statutes by which their rights and privileges were recognized, they prayed the king 'that no man be compelled to make or yield any gift, loan, benevolence, tax, or suchlike charge, without common consent by Act of Parliament; that none be called upon to make answer so to do; that freemen be imprisoned or detained only by the law of the land, or by due process of law, and not by the king's special command, without any charge; that persons be not compelled to receive soldiers and mariners into their houses agai...
Confession and avoidance, plea of
Confession and avoidance, plea of, a plea in bar, admitting the facts alleged in the declaration to be true, but showing some new facts, tending to obviate their legal effect. All matters in confession and avoidance had before the Judicature Acts to be specially pleaded (Reg. Gen. H.T. 1853, r. 8), and must be so still under the present system of pleading. See STATEMENT OF DEFENCE; CIR-CUITY OF ACTION....
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
Winding-up
Winding-up, the process by which an insolvent estate is distributed, as far as it will go, amongst the persons having claims upon it. The term is most frequently applied to the winding-up of joint-stock companies.The property of a company is collected and distributed firstly in discharge of its liabilities, and secondly, among its members according to their respective rights with a view to its dissolution. If the assets are not sufficient to meet the liabilities, a company is usually wound up by the Court. In other cases the winding-up is usually voluntary and conducted by the company itself either with or without the supervision of the Court. The provisions of the (English) Companies Act, 1929, govern a winding-up in any of these three modes (s. 156). In any winding-up the members who may be called upon to contribute are ascertained and their liability determined under ss. 157-162; see CONTRIBUTORIES. Debts and claims of all kinds require to be proved and if not of certain value to be...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
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