Summary Proceeding - Law Dictionary Search Results
Solicitor
45 makes provision for penalties for wrongfully acting as a solicitor and s. 46 for prosecuting in a summary way any person not having in force a practising certificate who wilfully pretends to be a solicitor (see … '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
Appeal
Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts … APPEAL; CROWN CASES RESERVED; NEW TRIAL; PRIZE Court; PRIVY COUNCIL. An appeal is essentially continuation of the original proceedings and the provisions applied at the time of institution of the suit are to be operative even in
Penalty
infringing a statute. See PENAL STATUTES. 4. A sum, also called a fine, recoverable in a Court of Summary Jurisdiction from a person infringing a statute. The words 'where any penalty is imposed' in Rule 14(i) should … [Employees' Provident Fund Act, 1952, s. 14] Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R.,
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Crime
or misdemeanours, while 'offence' means any act which is not a 'crime' and is punishable on indictment or summary conviction. In our law misdemeanour is generally used in cotradistinction to felony, and comprehends all indictable offences which … 1 QB 102, but not if the contempt is the mere non-compliance with an order made in civil proceedings, Church's Trustee v. Hibbard, (1902) 2 Ch 784. A crime, is an act deemed by law to be
Indecent prints or books
a misdemeanor. The (English) Obscene Publications Act, 1857 (20 & 21 Vict. c. 83) ('Lord Campbell's Act'), gives summary powers to metropolitan or other stipendiary magistrates, or any two justices of the peace, to issue special warrants … QB 360, nor by the fact that the publication is in the form of a report of judicial proceedings, Steele v. Brennan, (1872) LR 7 CP 261.
Divorce
may be obtained on proof of facts which have founded a judicial separation or an order under the Summary Jurisdiction Acts, which order may be made for adultery as well as other grounds. See JUDICIAL SEPARATION. Additional … name for dissolution of marriage, whether the same results from act of parties or is a consequence of proceedings at law, and it would, in our opinion, be wrong to regard the two terms as not being
County Courts
possession of property, either party, or any such corpoation or company as therein mentioned, may apply in a summary way to any judge of the High Court or (at the option of the applicant irrespectively of the … Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders
Reason to believe
and prima facie formulation of grounds in support thereof at least broadly backed by statement of facts and summary of materials sought to be relied upon in support of the prima facie conclusion of the Commissioner to … any reason, escaped assessment to tax for some reason. If such a basis exists, the assessing authority can proceed in the manner laid down in the section, Commissioner of Sales Tax v. Bhagwan Industries (P) Ltd., AIR
Husband and wife
the 17th section, that questions arising between husband and wife as to property may be decided in a summary way (privately, if either party so require) by a judge of the High Court, or (at the option … his wife, and that the husband and wife might be jointly sued in respect of any such debts. Proceedings in connection with the rights of mar-riage are regulated by the (English) Matrimonial Causes Acts, 1925 and 1937,
Amendment
made without injustice. Quarter Sessions can amend the statement of grounds of appeal to them from Courts of Summary Jurisdiction upon such terms as to costs and postponement as they may think fit. As regards Courts of … modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs. 1. Amendment of proceedings in the
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