Vexatious - Law Dictionary Search Results
Home Dictionary Name: vexatious Page 1 of about 26 results ( seconds)Vexatious action
Vexatious action. The High Court has an inherent power to stay any action brought merely for the sake of annoyance or oppression, see Lawrance v. Norreys, (1890) 15 App Cas 210; Haggard v. Pelicier Freres, 1892, AC 61; see also R.S.C. Ord. XXV., r. 4; and the (English) Judic. Act, 1925, s. 5, replacing the (English) Vexatious Actions Act, 1896 (59 & 60 Vict. c. 51), gives special power to the court if satisfied, on the application of the Attorney-General, that any person has habitually and persistently instituted vexatious proceedings in any Court to order that no proceedings shall be instituted by that person in any court without the leave of the Court or some judge thereof. See also the Vexatious Actions (Scotland) Act, 1898 (61 & 62 Vict. c. 35). An order dismissing an action as frivolous and vexatious is an interlocutory order, Re Page, (1910) 1 Ch 489....
Vexatious indictments
Vexatious indictments. In order to prevent these, it was provided, by the (English) Vexatious Indictments Act, 1859 (22 & 23 Vict. c. 17) (repealed), as amended by the (English) Criminal Law Amendment Act, 1867 (30 & 31 Vict. c. 35, ss. 1, 2 (repealed), that no bill of indictment for perjury, conspiracy, indecent assault or certain other misdemeanours therein named, should be presented to a grand jury, unless the prosecutor had been bound over by recognizance to prosecute, or unless the person accused had been committed to or detained in custody, or unless the indictment should be preferred with the written consent of the Attorney-General. The (English) Administration of Justice (Miscellaneous Provisions) Act, 1933 (which abolished Grand Juries and amended the law as to presentment of indictments), repealed the whole of the Vexatious Indictments Act, 1859, and s. 1 of the Criminal Law Amendment Act, 1867, but not so as to affect any enactment restricting the right to prosecute in parti...
vexatious
vexatious : lacking a sufficient ground and serving only to annoy or harass when viewed objectively [disciplined the attorney for engaging in litigation] ...
Abuse of process
Abuse of process, Actions manifestly frivolous or brought against good faith will be stayed as an abuse of the process of the court. See, e.g., Edmunds v. Attorney-General, (1878) 47 LJ Ch 345. As to an action or defence which appears on the Pleadings to be frivolous or vexatious, see R.S.C., Ord. XXV., r. 4, and also VEXATIOUS ACTION and BILL OF PEACE.Second complaint would amount to abuse of process of court where first complaint was dismissed after considering evidence, Pramatha Nath Talukdar v. Saroj Ranjan Sarkar, AIR 1962 SC 876: (1962) 1 Cr LJ 770.Abusing the process of the court is a term generally applied to proceeding which is wanting in bona fides and is frivolous, vexatious, or oppressive. Making use of the process of the Court as a device to help the jurisdiction of a civil court amounts to an abuse of the process of the Court, Narapa Reddy v. Jagarlamudi Chandramouli, AIR 1967 AP 219 (230). (Contempt of Courts Act, 1952, s. 3)...
Staying proceedings
Staying proceedings. By the Judicature Act, 1875, s. 24 (5), the courts had power to stay proceedings in cases where an injunction or prohibition could formerly have been obtained, but in which such course, by the consolidation of the superior courts, is now put an end to. Every Court has an un-doubted inherent jurisdiction to stay proceedings on the ground that they are an abuse of the process of the court; see per Vaughan Williams, L.J., in Re Norton's Settlement, (1908) 1 Ch 479, approving Egbert v. Short, (1907) 2 Ch 205. As to staying pro-ceedings upon an appeal, see R.S.C. Ord. LVIII., r. 16, and for other cases illustrating this jurisdiction, see Annual Practice. See also the Vexatious Actions Act, 1896, and R.S.C. Ord. XXV., r. 4....
Sham plea
Sham plea, a vexatious or false defence, restored to under the old system of pleading for purposes of delay and annoyance...
Sanction
Sanction, 1. official approval or authorisation 2. A penalty or coercive measure that results from failure to comply with law, rule or order, Black's Law Dictionary, 7th Edn., p. 1341.Sanction, for prosecution is a weapon to ensure dis-couragement of frivolous and vexatious prosecu-tion and is a safeguard for the innocent but not a shield for the guilty. The order of sanction ex facie discloses that the sanctioning authority had considered the evidence and other material placed before it, Mansuklal v. State of Gujarat, (1997) 7 SCC 622: (1977) SCC (Cri) 1120.Sanction, is purely an executive function and not judicial function of the government and as sanction need not be based on legal evidence, State of Assam v. Niranjan Ghosh, (1995) 1 Gau LR 427.Sanction, not only means prior approval, generally it also means ratification, Senior Food Inspector, Ananthapur v. Ravuru Subbiah, (1992) Cr LJ 2289.Sanction, or prior approval of an authority, is made a condition precedent to prosecute in r...
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
Occasio
Occasio, a tribute which the lord imposed on his vassals or tenants for his necessity.Occasio, means (1) A tax that a lord imposed on his vassals or tenants for his necessity (2) Hindrance or trouble esp., vexatious litigation, Black's Law Dictionary, 7th Edn., p. 1106....
Larceny (Advertisement) Act, 1870 (English)
Larceny (Advertisement) Act, 1870 (English) (33 & 34 Vict. c. 65). By the Larceny Act,1861 (24 & 25 Vict. c. 96), s. 102, a penalty of 50l. is imposed on any person publishing an advertisement for the return of stolen goods 'without questions being asked,' recoverable by anyone suing for it. This leading to vexatious actions by common informers against the publishers of newspapers, the Act of 1870 enacts that no such action be brought against printers or publishers of newspapers without the consent of the Attorney-General, etc....
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