Summons Case - Law Dictionary Search Results
Home Dictionary Name: summons caseSummons-case
Summons-case, means a case relating to an offence, and not being a warrant-case. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(w)]...
Bill in Chancery, or Bill in Equity
Bill in Chancery, or Bill in Equity, a printed or written statement of a plaintiff's case, in the nature of a petition to the Court, praying for some redress.For the descriptions of the several bills, see their distinctive names, as PEACE, BILL OF.Bills are now abolished, and all actions in the High Court are now commenced by writ of summons, followed in certain cases by a statement of claim (R.S.C. 1883). See STATEMENT OF CLAIM; WRIT OF SUMMONS; and PLEADING....
Process
Process, includes any practice, treatment and mode of manufacture of any article. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2(o)]Is largely taken for all the proceedings in any action or prosecution, real or personal, civil or criminal, from the beginning to the end; strictly, the summons by which one is cited into a Court, because it is the beginning or principal part thereof, by which the rest is directed, Britt. 138.At Common Law the three superior courts at Westminster, in personal actions, differed greatly, before the Uniformity of Process Act, 1832, in their modes of process, and even the same court admitted a considerable variety of methods, according to the circumstances of the case. The ordinary process in Chancery suits was service of a copy of the bill or claim, with an endorsed citation, which required the defendant to appear on a certain day.The process now for the commencement of all actions is the same in all the Divisions of the High Court of Justice, and i...
Service out of the jurisdiction
Service out of the jurisdiction of a writ of summons may be allowed by the Court or a judge in certain specified cases, e.g., where the contract sued upon was entered into within the jurisdiction, etc., R.S.C. 1883, Ord. XI. And see ibid. for restriction upon the allowance of such service upon a defendant resident in Scotland or Ireland. As to service of a summons, ordr, or notice, see r. 8A. As to the exercise of discretion in giving leave, see Watson & Sons v. Daily Record, Ltd., (1907) 1 KB 853. There can be no service out of the jurisdiction except in the particular cases mentioned in Ord. XI., which forms a complete code on the subject....
Poaching
Poaching, taking name by trespass. Also taking fish, e.g., salmon and trout by illegal methods (see infra).Trespassing in the daytime in pursuit of 'game'--i.e., hares, pheasants, partridges, grouse, heath or moor game, black game, or bustards--or woodcock, snipe, quails, landrail, or rabbits, is punishable summarily by fine up to 2l., and in case of a trespass by five or more, up to 5l.; the leave of the occupier being no defence if the landlord or other person have by reservation the right to kill the game. [See (English) GAME ACT, 1831, ss. 2, 30]Unlawfully taking in the night, i.e., between the expiration of the first hour after sunset and the commencement of the first hour before sunrise, 'game,' as above defined, is punishable summarily by imprisonment with hard labour; and any persons, to the number of three or more, by night unlawfully entering lands, for the purpose of taking or destroying any 'game,' as above defined, or rabbits (any of them being armed with any gun or other ...
Cestui que trust
Cestui que trust, the person (now frequently termed 'beneficiary,' as in s. 62 of the Trustee Act, 1925, who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate being vested in the trustee. The remedy of the cestui que trust, if the trustee fails in his duty, is by an action in the Chancery Division (in the majority of cases instituted by way of an Originating Summons). The phrase cestui que trust is Norman-French. In Roman Law obligations analogous to trusts could only be crated by testament; the trustee was (Heres) 'fiduciarius'; the beneficiary, 'fideicommissarius.' Sandars, Inst. Lib. 2 tit. XXIII....
Convention
Convention, 'convention' means the Convention on International Civil Aviation opened for signatures at Chicago on the 7th December, 1944. [Foreign Aircraft (Exemption from Taxes and Duties on Fuel and Lubricants) Act, (36 of 2002), s. 2(b); (69 of 1972), s. 2(ii)]An extraordinary assembly of the Houses of Lords and Commons, without the assent or summons of the sovereign. It can only be justified ex necessitate rei, as in the case of the Convention Parliament which restored Charles II., and that which disposed of the crown and kingdom to William and Mary in 1688. Also a treaty or agreement with a foreign government. See EXTRADITION.1. An agreement or compact, esp. one among nations; a multilateral treaty. 2. A generally accepted rule or practice, usage or custom, Black's Law Dictionary, 7th Edn., p. 332.Convention, a writ for the breach of any covenant in writing, whether real or personal, Reg. Brev. 115; Fitz. N.B. 145....
First hearing of application
First hearing of application, The word first hearing of the application as used in proviso (i) to sub-s. (2) of s. 13 of the East Punjab Urban Rent Restriction Act, 1949 does not mean the day fixed for return of the summons or the returnable day but the day when the Court applies its mind to the case, Sham Lal v. Atma Nand Jain Sabha, AIR 1987 SC 197: (1987) 1 SCC 222: (1987) 1 SCR 509....
Default summons
Default summons, a procedure in the county courts for the summary recovery of a debt or liquidated demand. These summonses are of two kinds: (i.) Ordinary Default Summonses; and (ii.) Special Default Summonses. (i.) an Ordinary Default Summons is only applicable to liquidated demands between 2l. and 10l., and is not available against a working-class defendant, except in the case of a trade debt, where the claim exceeds 5l. The plaintiff can sign judgment after eight days from service if the defendant has failed to give notice of defence stating the facts upon which he relies. (ii.) A Special Default Summons is only applicable to liquidated demands over 10l., and cannot be issued against a working-class defendant, except for a trade debt incurred by him. The plaintiff can sign judgment as in (i.) unless the defendant has filed an affidavit of defence within eight days. A special default summons corresponds to the Order XIV. Procedure of the High Court.See (English) County Court Rules, 1...
Summons
Summons [fr. the writ called summoneas--Pegge's Anecd. Of the Eng. Lang., 2nd Edn. 173], a call of authority, admonition to appear in court, a citation.1. To commence Action in High Court, By R.S.C. Ord. II., r. 1(see Annual Practice):-Every action in the High Court shall be commenced by a writ of summons, which shall be indorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action, and which shall specify the Division of the High Court to which it is intended that the action should be assigned.See also SUMMARY JUDGMENT.2. To Judges' or Masters' Chambers.--The means by which one party brings the other before a judge (or a master) to settle matters of detail in the procedure of a suit; as, for directions; to modify pleadings when inconvenient, to require security for costs, to change the venue, etc. There is an appeal from the decision of a master to the judge, and from the judge's decision to the Court of Appeal.3. To Court of Summary Juri...
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