Traverser - Law Dictionary Search Results
Home Dictionary Name: traverserTraverse
Traverse, means a formal detail of a factual allegations made in the opposing party's pleading, Black's Law Dictionary, 7th Edn., p. 1406.Traverse, the denial of some matter of fact alleged in a pleading, whether in an action or in criminal prosecutions. See PLEADING; STATEMENT OF DEFENCE.Means one who traverses or denies a pleading, Black's Law Dictionary, 7th Edn., p. 1507....
Traversing Indictment
Traversing Indictment, postponing the trial of it.The (English) Criminal Procedure Act, 1851, s. 16, repeals 60 Geo. 3 & 1 Geo. 4, c. 4, as to the traverse of indictments in cases of misdemeanour, and provides, by s. 27, that no person prosecuted shall be entitled to traverse or postpone the trial of any indictment found against him at any session of the peace, session of oyer and terminer, or session of gaol delivery; but if the Court upon the application of the person so indicted, or otherwise, thinks that he ought to be allowed a further time to prepare for his defence, or otherwise, such Court may adjourn the trial to the next session, upon such terms as to bail, etc., as shall seem meet, and may respite the recognizances of the prosecutor and witnesses; the prosecutor and witnesses to be bound to attend and prosecute and give evidence, without entering into fresh recognizances....
traverse
traverse : a denial of a matter of fact alleged in the opposing party's pleadings ;also : a pleading in which such a denial is made [trə-vərs, tra-vərs] vt [Anglo-French traverser, literally, to lay across, bar, impede, from Old French, from Late Latin transversare to cross, from Latin transversus lying across] : to deny (as an allegation of fact or an indictment) in a legal proceeding ...
Toll thorough, toll traverse
Toll thorough, toll traverse, the expression 'toll thorough' means where a town prescribes to have toll for every beast that goes through their town. The term 'toll traverse' means where one claims to have an amount for every beast that is driven over his ground, Hansraj & Sons v. State of J&K, (2002) 6 SCC 227: AIR 2002 SCC 2692 (2696). [J&K Levy of Tolls Act, Samvat 1995 (8 of 1995), (1938 AD), s. 3(1) and Schedule I]...
Toll-traverse
Toll-traverse, is a toll taken in respect of the original ownership of the land crossed by the public the land having been at the date of the grant the grantee's private property, and having been then dedicated by him to the public in consideration of the toll to be taken, Halsbury's Laws of England, 4th Edn., p. 96, para. 138.Toll-traverse, or Travers, toll taken for every beast driven across a man's land. He may prescribe and distrain for it via regia, Cro. Eliz. 710....
Traversing Note
Traversing Note. Inequity a plaintiff, after an appearance had been entered, might, in default of answer to interrogatories which had been filed for the examination of the defendant, proceed with his cause by filing a traversing note as to such defendant, Dan. Ch. Pr., 5th Edn....
Special traverse
Special traverse, a form of pleading, abolished by C.L.P. Act, 1852, s. 65....
Traverse of an office
Traverse of an office, proof that an inquisition made of lands or goods by the escheator is defective and untruly made....
Traverser
Traverser, in Ireland, a prisoner....
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
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