Suit Or Other Proceeding - Law Dictionary Search Results
Home Dictionary Name: suit or other proceedingSuit or other proceeding
Suit or other proceeding, in s. 29(3) of the Limitation Act, 1963 the words 'suit or other proceeding' do not comprehend appeal, Lata Kamat v. Vilas, AIR 1989 SC 1477: (1989) 2 SCC 613: (1989) 2 SCR 137....
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Suits and other proceedings
Suits and other proceedings, the words 'suits and other proceedings' in sub-s. (2) of s. 57 of the Delhi Rent Control Act, 1958 include appeals and revision case, Karam Singh Sobti v. Pratap Chand, AIR 1964 SC 1305: (1964) 4 SCR 647....
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
Cause
Cause, a suit or action; motive or reason; that which produces an effect.Includes any action, suit or other original proceeding between a plaintiff and defendant. Generally speaking, discovery is granted there in all proceedings except purely criminal proceedings, and civil proceedings where the action is brought merely to establish a forfeiture or enforce a penalty, M.L. Sethi v. R.P. Kapur, (1973) 1 SCR 697: (1972) 2 SCC 427: AIR 1972 SC 2379 (2382). (Civil P.C. 5 of 1908)Cause, involves some degree of dominance or control, or some express or positive mandate, from the person 'causing' McLeod (or Houston) v. Buchanan, (1940) 2 All ER 179, Halsbury's Laws of England, Vol. 3(2), para 698, p. 379....
Cinque Ports
Cinque Ports [quinque prtus, Lat.], certain anciently enfranchised havens, lying on the coast towards France. In the time of Edward the Confessor there were only there ports, viz., Dover, Sandwich, and Rommey; but in the time of William the Conqueror Hastings and Hythe were added, making five, whence the name Cinque Ports. Winchelsea and Rye were afterwards added by or before the accession of King John, but the old name, though now become inappropriate, was still retained. The (English) Cinque Ports Act, 1855 (18 & 19 Vict. c. 48), abolishes all jurisdiction and authority of the Lord Warden of the Cinque Ports and Constable of Dover Castle, in or in relation to the administration of justice in actions, suits, or other civil proceedings at law or in equity, but with a saving (s. 10) of his Admiralty jurisdiction and certain other rights. The office of Lord Warden is still one of great dignity, and is always held by some person of eminence....
Carucate
Carucate [fr. Carucata terr'], Carvage,or Carve of land, a plough-land of 100 acres, or according to Skene, as much land as may be tilled in a year and a day by one plough, Ken. Glos. 'And one plow land, carucata terr', or a hide of land, hida terr' (which is all one), is not of any certain content, but as much as a plow can by course of husbandry plough in a year.'-Co. Litt. 69 a. This quantity varies in different counties from 60 to 120 acres.Case, includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2(1)(a)]Means--(1) A trial. (2) A trial involving some point of law so important as to be published in Law Reports (see that title) for future use as a precedent. (3) A statement of facts and documents, raising a point of law, submitted for the opinion of counsel. See PRECEDENTS. (4) includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2 (1) (a)]. (5) The expression 'case' is not limit...
Other legal proceeding
Other legal proceeding, the expression 'other legal proceeding' must be read ejusdem generis with the preceding words 'suit' and prosecution as they constitute a genus. The penalty and adjudication proceedings in question did not fall within the expression 'other legal proceeding' employed in s. 40(2) of the Act as it stood prior to its amendment by Act 22 of 1973, Assistant Collector of Central Excise v. Ramdev Tobacoo Co., AIR 1991 SC 506 (511): (1991) 2 SCC 119. [Central Excise and Salt Act (10 of 1944), s. 40 (2) (Prior to Amendment Act 22 of 1973)]...
Suit
Suit, a following. It is used in divers senses:-(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
Collusion
Collusion [fr. collusio, Lat., fr. colludo, to unite in the same play or game, and thus to unite for the purposes of fraud or deception], an agreement or compact between two or more persons to do some act in order to prejudice a third person, or for some improper purpose. Collusion in judicial proceedings is a secret agreement between two persons that the one should institute a suit against the other, in order to obtain the decision of a judicial tribunal for some sinister purpose, and appears to be of two kinds: (1) When the facts put forward as the foundation of the sentence of the Court do not exist; (2) When they exist, but have been corruptly preconcerted for the express purpose of obtaining the sentence. In either case the judgment obtained by such collusion is a nullity. See Duchess of Kingston's case, (1776) 2 Sm. L.C. Collusion between the petitioner and either of the respondents in presenting or prosecuting a suit for dissolution of marriage is a bar to such suit by the Judic...
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