Affirmative Relief - Law Dictionary Search Results
Home Dictionary Name: affirmative reliefaffirmative relief
affirmative relief : relief requested by the defendant to a lawsuit for injury which he or she claims to have suffered during the same factual situation the plaintiff claims to have been injured in and for which he or she could also bring a lawsuit ...
Affirmation
Affirmation, a solemn declaration without oath; the being allowed to make it was an indulgence at first confined to the people called Quakers, and Moravians (9 Geo. 4, c. 32, s. 1; 3 & 4 Wm. 4, c. 49), and to Separatists (3 & 4 Wm. 4, c. 82), but was afterwards extended to all persons objecting to take an oath. See (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), s. 20; 24 & 25 Vict. c. 66 (criminal proceedings); 30 & 31 Vict. c. 35, s. 8 (jurors); and particularly the (English) Evidence Amendment Act, 1869, s. 4 (extended to evidence before arbitrators and others by 33 & 34 Vict. c. 49, s. 1), under which persons having no religious belief were first allowed to affirm, the former statutes having applied only to persons prevented by a religious belief from swearing.The Act of 1869, however, did not apply to promissory oaths, e.g., to the oath directed by the Parliamentary Oaths Act, 1866, as amended by the Promissory Oaths Act, 1868, to be taken by Members of Parliament...
Further relief
Further relief, further relief must be a relief, flowing directly and necessarily from the declaration sought and a relief appropriate to and necessarily consequent upon the right or title asserted, Babu Puri v. Kaln, AIR 2005 Raj 77.An injunction is a 'further relief' within the meaning of the s. 42 of the Specific Relief Act, 1877, C. Mohammad Yunus v. Syed Unnissa, AIR 1961 SC 808: (1960) 3 SCR 221...
Decree of affirmance
Decree of affirmance, in determining the question as to whether the appellate decree passed by the High Court affirmed the decision of the trial Court the appellate decree must be considered as a whole in relation to the decision of the trial Court similarly considered as a whole. If there is a variation made in the appellate decree in the decision of the trial court it is not a 'decree of affirmance' and this is not affected either by the extent of the variation made or by the fact that the variation is made in favour of the intending appellant and not against him, T. Rajaram v. T. Radhakrishnayya, AIR 1961 SC 1795 (1801): (1962) 2 SCR 452. [Civil Procedure Code (5 of 1908), s. 110]...
Relief
Relief, legal remedy for wrongs, etc.; charitable assistance.A payment made by an heir of a feudal tenant to the feudal lord for privilege of succeeding to ancestor's tenancy, Black's Law Dictionary, 7th Edn., p. 1293.In the feudal law a payment made to the lord by the tenant coming into possession of an estate held under him. Abolished with other feudal grievances.Relief with respect to Election Offences. If a candidate at a parliamentary or municipal election has become responsible in respect of an election offence committed unwittingly, or which he has taken all reasonable means to prevent, he can apply or relief at the trial of an election petition, or if no petition is on the record, to the High Court, under Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), the application being usually to a Divisional Court; see Shaw v. Reckitt, (1893) 1 QB 779; 2 QB 59; and as to municipal elections under the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, ...
Affirmant
Affirmant, a person who solemnly affirms, instead of taking an oath....
Testimaignes ne potent testifie le negative, mes I affirmative
Testimaignes ne potent testifie le negative, mes I affirmative, witness cannot testify to a negative; they must testify to an affirmative...
equitable relief
equitable relief : relief (as an injunction) available under a court's equitable powers ...
Bas relief
Low relief sculpture the figures of which project less than half of their true proportions called also bass relief and basso rilievo See Alto rilievo...
Monetary relief
Monetary relief, means the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of the domestic violence. [The Protection of Women from Domestic Violence Act, 2005, s. 2(k)]...
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