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Administrative act

Administrative act, an act made in a management capacity; esp. an act made outside the actor's usual field (as and when a judge supervises court personnel); an administrative act is often subject to a greater risk of liabilities than an act within the actor's usual field, Black Law Dictionary, 7th Edn., p. 25....

tribunal

tribunal [Latin, platform for magistrates, from tribunus tribune, from tribus tribe] 1 : the seat of a judge or one acting as a judge 2 : a court or forum of justice : a person or body of persons having to hear and decide disputes so as to bind the parties ...

Recovery of land

Recovery of land, the title, since the Judicature Acts, of the action of 'ejectment' to transfer the poss-ession of land from the wrongful to the rightful owner.Under the County Courts Orders, see Order V., actions to recover possession of land under ss. 138 and 139 of the County Courts Act, 1888, were to be so called in distinction from actions of ejectment under s. 59, ibid., but by the County Courts Act, 1934, s. 48, county courts have jurisdiction over actions for the recovery of land where neither the value of the land nor the rent exceeds 100l. per annum, and references to ss. 138 and 139 of the Act of 1888 are to be construed as references to s. 48 of 1934. As to the judges' discretion under s. 138 of the County Courts Act, 1888, see Sheffield Corporation v. Luxford, (1929) 2 KB 180....

act of state doctrine

act of state doctrine :a court-made doctrine barring U.S. courts from judging the validity of an official act of a foreign country committed within its own borders ...

Dispossession

Dispossession, Voluntary giving up of possession does not amount to dispossession unless the law provides for it. 'Dispossess' according to Black's Law Dictionary means: 'To oust from land by legal process; to eject, to exclude from realty.' The dispossession should have been, therefore, either by legal process or by physical act of exclusion, Thondiram Tatoba Kadam v. Ram chandra Balwantrao Dubal, (1994) 3 SCC 366.Dispossession, occurs where a person come in and drives out the others from possession, Buckinghamshire County Council v. Moran, (1990) Ch 623.That an uncompleted contract for the sale of charity land was not a 'disposition' of that land for the purpose of s. 36(1) and (2) of the 1993 Act; that s. 37(4) could only validate a disposition to which s. 36(1) or (2) applied......... deputy Judge, Boyoumi v. Women's Total Abstinence Educational Union Ltd., (2004) 2 WLR 181 [Charities Act, 1993 (C 10), ss. 36, 37(4)]....

Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est

Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est. 10 Rep. 76, (He who does an act by command of a judge is not considered to act from a wrongful motive, because it is his duty to obey.) See Broom's Leg. Max....

Judgment

Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...

Criminal Appeal Act, 1907 (English)

Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...

Divisional Court

Divisional Court. A Court (which takes under the Jud. Act the place of the Court 'in banc': see BANC) constituted of two judges of the High Court, or as many more judges as the President of a Division, with the concurrence of the judges of the Division, may think expedient, for the transaction of such business as may be ordered by Rules of Court to be heard by a Divisional Court (Judicature Act, 1925, s. 63, replacing App. Jur. Act, 1876, s. 17). Much of the business of the King's Bench Division, but none of that of the other Divisions, is transacted by Divisional Courts, consisting usually of two judges. Five judges have thrice sat, but in order for more than two to sit, the President of the Division, with the concurrence of not less than two judges thereof, must be of opinion that it is expedient so to constitute the Court (Judicature Act, 1925, s. 63(6), replacing Jud. Act, 1884, s. 4). See PRECEDENTS and R.S.C. Ord. LIX.Appeals from County Courts no longer lie to the Divisional Cou...

Interest

Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...

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