Summons - Law Dictionary Search Results
Home Dictionary Name: summons Page: 4 Page 4 of about 1,943 results (0.005 seconds)District Registry
District Registry. By the (English) Judicature Act, 1925, s. 84, replacing the (English) Judicature Act, 1873, s. 60, it is provided that to facilitate proceedings in country districts the Crown may, from time to time, by Order in Council, create district registries and appoint district registrars for the purpose of issuing writs of summons and for entertaining proceedings generally in an action down to and including entry for trial. Documents sealed in any such district registrary are to be received in evidence without further proof; and the district registrars may administer oaths or do other things as provided by rules or a special order of the Court (s. 62). Power, however, is given to a judge to remove proceedings from a district registry to the Office of the High Court; and see generally, (English) Judicature Act, 1925, ss. 84-87, and Judicature Act, 1873, ss. 74 and 66, which are still unrepealed. By Order in Council of 12th of August, 1875, a number of district registries have ...
Indorsement of claim
Indorsement of claim. By R.S.C. 1883, Ord. II., r. 1, every writ of summons in the High Court must be indorsed with a statement of the nature of the claim made, or of the relief or remedy required. And by Ord. III. it is further provided that the indorsement of claim shall be made on every writ of summons before it is issued (r. 1). See, further, LEAVE TO DEFEND...
Jesuits
Jesuits, members of the Society of Jesus, a Roman Catholic religious order, founded in 1534 by Ignatius Loyola and confirmed by a Bull of Paul III. in 1540, its main object being to stem the tide of the Reformation by active propaganda. The Roman Catholic Relief Act, 1829 (10 Geo. 4, c. 7), by ss. 28-37, rendered Jesuits liable to banishment on conviction on indictment from the United Kingdom, and an attempt was made in 1902 to enforce the Act. See Law Journal Newspaper, 1st Feb., 1902, for judgment of Mr. Kennedy at the Marlborough Street Police Court on refusing a summons, and R. v. Kennedy, (1902) 86 LT 753, in which the High Court held that they had to jurisdiction to compel Mr. Kennedy to issue the summons; the sections were virtually a dead letter [Re Smith, (1914) 1 Ch 937], and are now repealed as to Great Britain by the Roman Catholic Relief Act, 1926 (16 & 17 Geo. 5, c. 55). See ROMAN CATHOLICS....
Signet
Signet, a seal commonly used for the sign-manual of the sovereign. See PRIVY SEAL.An elaborate hand-drawn symbol (usu. incorporat-ing a cross and notary's initials) formerly placed at base of notarial instrument, later replaced by a seal, Black's Law Dictionary, 7th Edn., p. 1387.In Scotland, before the Administration of Justice (Scotland) Act, 1933, was passed, the 'will,' an essential part of a summons before the Court of Session, was required to be signed by a Writer to the Signet (q.v.). the summons must be sealed at the Signet Office before service, or founding action.[Latin, is he has signified]...
Special circumstances
Special circumstances, the expression 'special cir-cumstances' is not defined in the Civil Procedure Code nor is it capable of any precise definition by the court because problems of human beings are so varied and complex. In its ordinary dictionary meaning it connotes something exceptional in character, extraordinary, significant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, (2003) 5 SCC 315. (Civil PC, 1908, O. 37, R. 4)In its ordinary dictionary meaning it connotes some-thing exceptional in character, extraordinary, signi-ficant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, AIR 2003 SC 1322: (2003) 5 SCC...
subpoena
subpoena also sub·pe·na [sə-pē-nə] n [Latin sub poena under penalty] : a writ commanding a designated person upon whom it has been served to appear (as in court or before a congressional committee) under a penalty (as a charge of contempt) for failure to comply compare summons also subpena vt -naed -na·ing : to call before a court or hearing by a subpoena [the inspector is given the power to any relevant…witnesses "Harvard Law Review"] ;also : to command the production of (evidence) by a subpoena duces tecum [subpoenaed documents] ...
Bankruptcy notice
Bankruptcy notice, a notice (taking the place of the 'debtor's summons' (see that title) under the (English) Bankruptcy Act, 1869) to pay a judgment debt for any amount, non-compliance with which notice within a limited time amounts, by s. 1(1)(g) of the (English) Bankruptcy Act, 1914, to an 'act of bankruptcy.' The notice may be given by any creditor who has obtained a 'final judgment' or 'final order,' and if the debtor does not within seven days of service of the notice, if served in England, either comply with its requirements or satisfy the Court that he has a cross demand equalling or exceeding the judgment debt, and which he could not set up in the action in which judgment was obtained, he commits an 'act of bankruptcy' (see that title). Two or more debts cannot be included in one notice. A substantial defect in the notice cannot be amended [Re a Debtor, 1908 (2) KB 684]....
Dismissal of action
Dismissal of action. This may take place upon default in delivery of statement of claim, failure to give notice of trial, failure within 14 days to take out a summons for directions, etc, (English) R.S.C. 1883, Ord. XXVII., r. 1; XXXVI., r. 12; XXX., r. 8....
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
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