What is the best definition of defendant?

What is the best definition of defendant?

Definition of defendant (Entry 1 of 2) law. : a person or group against whom a criminal or civil action is brought : someone who is being sued or accused of committing a crime if the jury finds the defendant not guilty — compare plaintiff. defendant. adjective.

Who is the party who brings suit against another party?

The plaintiff brings suit against the defendant—the alleged wrongdoer or perpetrator. Note that in a criminal trial, the party that initiates litigation is the prosecution, representing the people of a state or, in federal cases, representing the people of the United States.

Is the defendant the victim?

Victim: an individual who has suffered direct physical, emotional, or economic harm as a result of the commission of a crime. Defendant: the person accused of committing a crime.

When a person is a defendant?

Suspect: a person who is believed by criminal justice officials to be one who may have committed a specific crime, but who has not been arrested or formally charged. Once arrested a suspect is called a defendant.

Can a defendant become plaintiff?

It is well established that the Court has power under Order 1, Rule 10(2) of the C.P.C., to transpose a defendant to the category of plaintiffs. The Court can by sou motu or on the application of any of the defendants may transpose a defendant as plaintiff.

What is the primary role of a defendant?

The defendant in a lawsuit is the person against whom the action is brought, by the plaintiff. A defendant in an arbitration case or a divorce case is called the “respondent.” U.S. Law has two kinds of court cases which involve defendants: Criminal cases, which involve a defendant who is accused of a crime.

Who is defendant in court case?

A defendant is a person who has been accused of breaking the law and is being tried in court.

When Can defendant be transposed as plaintiff?

1. Transposition of defendant as plaintiff can be made only when the defendant has some interest in common with that of the plaintiff. A proforma defendant can be transposed as plaintiff only when interest and identity are the same between the plaintiff and one or more of the defendants.

Can plaintiff withdraw suit without consent of defendant?

The consequences of withdrawal are mentioned in Order XXIII, Rule 1, Sub-rule (3). The plaintiff withdrawing the suit without the permission of the Court is liable for such costs as the Court may award and is also precluded from instituting any fresh suit in respect of the subject-matter of the suit.

Who is called defendant?

A defendant is a person who has been accused of breaking the law and is being tried in court. Synonyms: accused, respondent, appellant, litigant More Synonyms of defendant.

Which one is the defendant?

The Defendant is the individual(s) being accused of a crime or code. In Civil Cases, the Plaintiff is the person(s) who has alleged that a wrongdoing has been done to the them. The Defendant is the person(s) or entity that has been accused of committing a wrongful act.

Can a plaintiff seek his transposition to defendant?

Hence, according to the learned counsel, when the existing plaintiffs seek to withdraw, the defendant Nos. 3 to 6 have a right to be transposed as plaintiffs so as to seek adjudication of their claim against the defendant Nos.

Can a defendant withdraw from a case?

For that matter, a defendant cannot even object the plaintiff’s request to withdraw the case as held by the Supreme Court in Anil Kumar Singh Vs. Vijay Pal Singh. Hence, in such context, the plaintiff would be facilitated to file a fresh suit after the withdrawal of suit is completed.