Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Consuetudo neque injuria oriri neque tolli protest
A custom can neither arise nor be abolished by a wrong.
Protest
n. 1. A formal statement or action expressing dissent or disapproval. 2. A notary public's written statement that, upon presentment, a negotiable instrument was neither paid nor accepted. - Also termed initial protest; noting protest. Cf. NOTICE OF DISHONOR. "Noting or initial protest is a memorandum made on [a dishonored] instrument, with the notary's initials, date, and the amount of noting charges, together with a statement of the cause of dishonor, such as 'no effects,' 'not advice,' or 'no account.' This is done to charge the memory of the notary, and should be done on the day of dishonor." Frederick M. Hinch, John's American Notary and Commission of Deeds Manual § 442, at 281 (3d ed. 1922). 3. A formal statement, usu. in writing, disputing a debt's legality or validity but agreeing to make payment while reserving the right to recover the amount at a later time. ( The disputed debt is described as under protest. 4. Int'Z law. A formal communication from one subject of international law to another objecting to conduct or a claim by the latter as violating international law. See SUBJECT OF INTERNATIONAL LAW. - protest, ub.
Protestando
[Law Latin] Protesting. ( This emphatic word was used in a protestation to allege or deny something in an oblique manner.
Protestation
Common-law pleading. A declaration by which a party makes an oblique allegation or denial of some fact, claiming that it does or does not exist or is or is not legally sufficient, while not directly affirming or denying the fact. "The practice of protestation of facts not denied arose where the pleader, wishing to avail himself of the right to contest in a future action some traversable fact in the pending action, passes it by without traverse, but at the same time makes a declaration collateral or incidental to his main pleading, importing that the fact so passed over is untrue. The necessity for this arose from the rule that pleadings must not be double, and that every pleading is taken to admit such matters as it does not traverse. Such being its only purpose, it is wholly without effect in the action in which it occurs ...." Benjamin J. Shipman, Handbook of Common-Law Pleading § 207, at 358 (Henry Winthrop Ballantine ed., 3d ed. 1923).
acceptance supra protest
See acceptance for honor under ACCEPTANCE.
acceptor supra protest
One who accepts a bill that has been protested, for the honor of the drawer or an indorser.
go to protest.
(Of commercial paper) to be dishonored by nonpayment or nonacceptance <the draft will go to protest>. See DISHONOR (1); PROTEST (2). go to the country. See GOING TO THE COUNTRY.
initial protest
See PROTEST (2).
marine protest
A writing attested by a justice of the peace, a notary public, or a consul, made or verified by the master of a vessel, stating that the vessel has suffered a severe voyage and that the master has engaged in neither misconduct nor negligence. See PROTEST.
notarial protest certificate
See PROTEST CERTIFICATE.
note of protest
A notary's preliminary memo, to be formalized at a later time, stating that a negotiable instrument was neither paid nor accepted upon presentment. See PROTEST.
notice of protest.
1. A statement, given usu. by a notary public to a drawer or indorser of a negotiable instrument, that the instrument was neither paid nor accepted; information provided to the drawer or indorser that protest was made for nonacceptance or nonpayment of a note or bill. See PROTEST (2). 2. A shipowner's or crew's declaration under oath that damages to their vessel or cargo were the result of perils of the sea and that the shipowner is not liable for the damages. See PERIL OF THE SEA.
noting protest
See PROTEST (2).
protest certificate
A notarial certificate declaring (1) that a holder in due course has recruited the notary public to present a previously refused or dishonored negotiable instrument, (2) that the notary has presented the instrument to the person responsible for pay- ment or acceptance (the drawee), (3) that the instrument was presented at a given time and place, and (4) that the drawee refused or dishonored the instrument. ( In former practice, the notary would issue a protest certificate, which could then be presented to the drawee and any other liable parties as notice that the holder could seek damages for the dishonored negotiable instrument. - Also termed notarial protest certificate. See NOTICE OF DISHONOR.
protest fee
A fee charged by a bank or other financial institution when an item (such as a check) is presented but cannot be collected.
supra protest
(Of a debt) under protest. See PROTEST (3).
under protest
See PROTEST.
waiver of protest
A relinquishment by a party to a negotiable instrument of the formality of protest in case of dishonor. See PROTEST (2).