Summary Proceeding - Law Dictionary Search Results
Home Dictionary Name: summary proceedingsummary proceeding
summary proceeding see proceeding ...
Summary
Summary, an abridgment, brief compendium; summary application, one made to a court or judge without the formality of a full proceeding. See PLENARY.The word 'summary' implies a short and quick procedure instead of or, as an alternative to, the more elaborate procedure ordinarily adopted or prescribed for deciding a case. The proceedings before a court, tribunal or an authority are called summary proceedings if it is not required to follow the regular formal procedure but is authorised to follow a short and quick procedure for expeditious disposal, Mohan Lal v. Kartar Singh, 1995 Supp (4) SCC 684 (693) (Punjab Tenancy and Agricultural Lands Act, 1955, s. 43...
Summary action or proceeding
Summary action or proceeding, means the proceed-ing before a court, tribunal or an authority are called summary proceeding if it is not required to follow the regular formal procedure but is autho-rised to follow a short and quick procedure for expeditious disposal, Mohan Lal v. Kartar Singh, (1996) Punj LR 383....
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
summary
summary : done immediately, concisely, and without usual formal procedures ;esp : used in or done by summary proceeding compare plenary sum·mar·i·ly [sə-mer-ə-lē] adv ...
Criminal Law Amendment Acts, 1885 to 1928 (English)
Criminal Law Amendment Acts, 1885 to 1928 (English). By the Act of 1885 the procuration of women under twenty-one, and illicit though un-resisted intercourse with girls between thirteen and sixteen, are made misdemeanours, brothel-keepers are made liable to summary proceedings, and prisoners charged with sexual offences are allowed to give evidence on their own behalf. The Act is amended by the Criminal Law Amendment Act,1912, which empowers a constable to arrest without a warrant any person offending against the Act of 1885, provides the flogging offenders, and maks better provision for the suppression of brothels and prostitution. The Act of 1922 provides that the consent to an act of indecency by a child or young person under sixteen shall be no defence to a charge of indecent assault (s. 1). Reasonable cause to believe that a girl was over sixteen shall notbe a defence to a charge undr ss. 5 and 6 of the Act of 1885 (i.e., defilement of a girl between thirteen and sixteen, or permi...
Exception
Exception, exclusion of anything or person; a stop or stay to an action; also the particular point of law stated in the margin of a demurrer. In Chancery, exceptions might be taken to pleadings if scandalous, and if a defendant's answer were insufficient, the plaintiff might file exceptions to it, Sm. Ch. Pr. 344, 786.An exception, in a conveyance, must be of part of the thing granted and of a thing in esse at the time of the grant; whereas a reservation must be of some new thing issuing out of the thing granted; see Co. Litt. 47 a; Shep. Touch. 80; Savill Bros., Ltd. v. Bethell, (1902) 2 Ch 523, and see RESERVATION.Under s. 162(1)(d) of the (English) Law of Properties Act, 1925, the rule of law relating to perpetuities does not apply to any exception of any right of entry or user of the surface of land, or to easements, rights and privileges in relation to mines and minerals as set out in the section.In summary proceedings upon an Act of Parliament, an exception in the Act 'may by pro...
Claim in equity
Claim in equity. In simple cases, where there was not any great conflict as to facts, and a discovery from a defendant was not sought, but a reference to chambers was nevertheless necessary before final decree, which would be as of course, all parties being before the court, the summary proceeding by claim was sometimes adopted, thus obviating the recourse to plenary and protracted pleadings. This summary practice was created by Orders 22nd April, 1850, which came into operation on the 22nd May following. By Order VIII., Rule 4 of Consolid. Ord. 1860, claims were abolished....
Copyright
Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first gave to an author in 1709, by 8 Anne, c. 19, for the term of fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, (1817) 2 Mer 435; Stockdale v. Onwhyn, (1826) 5 B&C 173.The law of copyright now depends mainly on the (English) Copyright Act,1911 (1 & 2 Geo. 5, c. 46) (July 1, 1912), and 'no person shall be entitled to copyright or any similar right in any literary dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force' (s. 31).By sub-s. 2 of s. 1 of this Act 'copyright' is thus defined:--For the purposes of ...
Negative
Negative. In general a negative cannot be proved or testified by witnesses, 2 Inst. 662. But this rule does not apply where one party charges another with a culpable omission or breach of duty; in such a case the person who makes the charge is bound to prove it, though it may involve a negative, for it is one of the first principles of justice not to presume that a person has acted illegally till the contrary is proved. Where the presumption of law is in favour of a defendant, then the plaintiff must disprove the defence, though he may have to prove a negative.In summary proceedings any exception, etc., may be proved by the defendant, but need not be negatived in the information, Summary Jurisdiction Act, 1879, s. 39 (2); 1 Phil. Evid. c. vii., s. 4. [Or. 14, r. 6, CPC]....
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