Staying Proceedings - Law Dictionary Search Results
Home Dictionary Name: staying proceedingsStaying proceedings
Staying proceedings. By the Judicature Act, 1875, s. 24 (5), the courts had power to stay proceedings in cases where an injunction or prohibition could formerly have been obtained, but in which such course, by the consolidation of the superior courts, is now put an end to. Every Court has an un-doubted inherent jurisdiction to stay proceedings on the ground that they are an abuse of the process of the court; see per Vaughan Williams, L.J., in Re Norton's Settlement, (1908) 1 Ch 479, approving Egbert v. Short, (1907) 2 Ch 205. As to staying pro-ceedings upon an appeal, see R.S.C. Ord. LVIII., r. 16, and for other cases illustrating this jurisdiction, see Annual Practice. See also the Vexatious Actions Act, 1896, and R.S.C. Ord. XXV., r. 4....
Stay proceedings to carry out Arbitration agree-ment
Stay proceedings to carry out Arbitration agree-ment, the legal position with respect to the scope and meaning of s. 34 of the Arbitration Act admits of little doubt, the language of this s. being quite plain. When a party to an arbitration agreement commences any legal proceedings against any other party to the said agreement with respect to the subject-matter thereof, then the other party is entitled to ask for such proceedings to be stayed so to enable the arbitration agreement to be carried out. It is, however to be clearly understood that the mere existence of an arbitration clause in an agreement does not by itself operate as a bar to a suit in the court. It does not by itself impose any obligation on the court to stay the suit or to give any opportunity to the defendant to consider the question of enforcing the arbitration agreement, State of Uttar Pradesh v. Janki Saran Kailash Chandra, AIR 1973 SC 2071 (2075): (1973) 2 SCC 96: (1974) 1 SCR 31....
Accroche
Accroche, [fr. accrocher, Fr.], to hook or grapple unto, to encroach. The French use it for delay, as accrocher un proces, to stay proceedings in a suit, Cowel....
Assisa proroganda
Assisa proroganda, an obsolete writ, which was directed to the judges assigned to take assizes, to stay proceedings, by reason of a party to them being employed in the king's business, Reg. Brev. 208....
Stet processus
Stet processus, an order of the Court to stay proceedings. Strictly, it can only be made with the consent of the parties; but where the ends of justices will be better answered by this course, it is authoritatively recommended by the Court. Each party pays his own costs. See DISCONTINUANCE....
Injunction
Injunction, Expression 'injunction' in s. 41(b) is not qualified by an adjective and, therefore, it would, comprehend both interim and perpetual injunc-tion, Cotton Corporation of India v. United Industries Ltd., AIR 1983 SC 1272 (1277): (1983) 4 SCC 625. [Specific Relief Act, 1963, s. 41(b)]This is the discretionary process of preventive and remedial justice, whereby a person is required to refrain from doing a specified meditated wrong, not amounting to a crime. It is either (1) inter-locutory, i.e., provisional or temporary, until the coming in of the defendant's answer, or until the hearing of the cause; or (2) perpetual, i.e., forming part of a decree made at a hearing upon the merits, whereby the defendant is perpetually inhibited from the assertion of a right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post.See Specific Relief Act, 1963 (47 of 1963), s. 37.Prior to the Judicature Act injunctio...
Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
stay
stay stayed stay·ing : to temporarily suspend or prevent by judicial or executive order [may not grant an injunction to proceedings in a state court "U.S. Code"] n : a temporary suspension or injunction of an action or process by a usually discretionary judicial or executive order [a of execution of the judgment] [ of a lower court's judgment pending certiorari "W. J. Brennan, Jr."] see also automatic stay compare cease-and-desist order at order, mandamus, supersedeas ...
supersedeas
supersedeas [Medieval Latin, you should desist (word used in the writ)] 1 : a common-law writ commanding a stay of legal proceedings that is issued under various conditions and esp. to stay an officer from proceeding under another writ 2 : an order suspending the proceedings of an inferior court and esp. the enforcement of a judgment until reviewed on appeal ...
Caveat
Caveat (let him take heed), a warning or caution. If a person desired to stop the enrolment for decree in Chancery, in order to present a petition of appeal to the Lord Chancellor, he entered a caveat with his lordship's secretary, which prevented the enrolment for 28 days. See Appeal. It is sometimes entered to prevent the issuing of a lunacy commission. It is also entered to stay certain proceedings in Admiralty, the probate of a will, letters of administration, a licence of marriage, or an institution of a clerk to a benefice. Also a synonym for a Caution (q.v.), under the (English) Land Registration Act, 1925.In Scotland any one who expects certain proceedings to be taken by another may lodge with the Clerk of court a 'caveat.' He is then entitled to be informed by the Clerk if and when the proceedings are taken.--Where an application is expected to be made or has been made, in a suit or proceeding instituted or about to be instituted, in a court, any person claiming a right to app...
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