Vexatious Action - Law Dictionary Search Results
Home Dictionary Name: vexatious actionVexatious 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....
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)...
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
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...
Consolidating actions
Consolidating actions. If several actions between the same parties were brought, and were pending for the same cause, or substantially so, the court may stay the proceedings in all but one. And if two or more actions were brought by the same plaintiff, at the same time, against the same defendant, for causes of action which might have been joined in the same action, the court or a judge, if they deemed the proceeding vexatious or oppressive, would in general compel the plaintiff to consolidate them. Chitty's Arch. Pr. Under the Rules of the Supreme Court, actions maybe consolidated by order as before (R.S.C. 1883, Ord. XLIX., r. 8)....
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...
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....
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....
vexatious
vexatious : lacking a sufficient ground and serving only to annoy or harass when viewed objectively [disciplined the attorney for engaging in litigation] ...
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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