State Action - Law Dictionary Search Results
Complaint
is also sometimes used to describe a claim in an action of a civil or quasi-civil character. See STATE-MENT OF CLAIM. As to when a 'complaint' made to a third person and not in the presence of
Prosecution
contemplated a proceeding of a criminal nature either before a court or a judicial tribunal, Thomas Dana v. State of Punjab, AIR 1959 SC 375: (1959) Supp 1 SCR 274. Means a criminal action; a proceeding instituted
party
a party requires dismissal of an action, replacing an older and more rigid basis for determination. The rule states that “the court shall determine whether in equity and good conscience the action should proceed among the parties
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May
section 6 of the Act a meaning other than its ordinary meaning and to interpret it as 'shall', State v. Surajdeo Sinha, 1953 BLJR 571: 1954 Cr LJ 139: 1954 Pat 80. The word 'may' does not … (HC) 431: 1953 All 687. The word 'may' occurring in the expression 'as may be produced by the prosecution as witnesses to the actual commission alleged' in section 207A of the Criminal Procedure Code does not entitle
remove
of: as a : to have (an action) transferred from one court to another and esp. from a state court to a federal court see also separable controversy NOTE: Section 1441 et seq. of title 28 of
Mala fide
jargon. It has proper connotation. Mala fides depends upon its own facts and circumstances, Prabodh Sagar v. Punjab State Electricity Board, (2005) 5 SCC 630. Means an action taken in undue haste may amount to be mala
Interlocutory order
the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 SC 2185 (2189): (1977) 4 SCC 137: (1978) 1 SCR 222. [Criminal PC, 1974, … It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule
Special case
such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & … Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to
Same transaction
a series of acts seems to be an essential ingredient for those acts to constitute the same transaction, State of Andhra Pradesh v. Cheemalapati Ganeswara Rao, AIR 1963 SC 1850: (1963) 2 Cr LJ 671. Means in … instance, by proximity of time, unity of place, unity or continuity of purpose or design, or continuity of action. Proximity of time and unity of place are not essential, though they furnish good evidence of what unites
dismissal
required. A court-ordered dismissal will not prevent the plaintiff from bringing the action again unless the order so states. A dismissal without a court order will not bar the plaintiff from bringing the action again unless the
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