Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
claim of cognizance
Hist. An intervention seeking the return of a case to the claimant's own court. 0 Cognizance may be claimed by a person, city, or public corporation granted the right to hold court. - Also termed claim of conusance. See COGNIZANCE; CONUSANCE.
cognizance
n. 1. The right and power to try and determine cases; JURISDICTION. 2. The taking of judicial or authoritative notice. 3. Acknowledgment or admission of an alleged fact; esp. (hist.), acknowledgment of a fine. See FINE (1); FINE SUR COGNIZANCE DE DROIT. 4. Common-law pleading. In a replevin action, a plea by the defendant that the goods are held in bailment for another. Cf AVOWRY.
fine sur cognizance de droit tantum
[Law French "fine upon acknowledgment of the right merely"] Hist. A fine of conveyance that does not acknowledge a prior conveyance of land. ( This type of fine was used to convey reversionary interests - that is, interests that did not require acknowledgment of an earlier livery of seisin. See FINE (1).
fine sur cognizance de droit, comme ceo que il ad de son done
[Law French "a fine upon acknowledgment of the right, as that which he has of his gift"] Hist. The most common fine of conveyance, by which the defendant (also called the deforciant) acknowledged in court that he had already con- veyed the property to the cognizee. 0 This form of conveyance took the place of an actual livery of seisin. See FINE (1). "But, in general, the first species of fine, 'sur cognizance de droit come ceo, etc.,' is the most used, as it conveys a clean and absolute freehold, and gives the cognizee a seisin in law, without an actual livery; and is therefore called a fine executed, whereas the others are but executory." 2 William Blackstone, Commentaries on the Laws of England 353 (1766).
judicial cognizance
See JUDICIAL NOTICE.
personal recognizance
The release of a defendant in a criminal case in which the court takes the defendant's word that he or she will appear for a scheduled matter or when told to appear. 9 This type of release dispenses with the necessity of the person's posting money or having a surety sign a bond with the court. 2. See bail bond under BOND (2).
recognizance
1. A bond or obligation, made in court, by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt, or to keep the peace. ( Most commonly, a recognizance takes the form of a bail bond that guarantees an unjailed criminal defendant's return for a court date <the defendant was released on his own recognizance>. See RELEASE ON RECOGNIZANCE.
release on recognizance
The pretrial release of an arrested person who promises, usu. in writing but without supplying a surety or posting bond, to appear for trial at a later date. -Also termed release on own recognizance. -Abbr. ROR.