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Any case which has been decided

Matched in: Term Any case which has been decided

Marriage

nullity by express words [Catterall v. Sweetman, (1845) 4 N.C. 222, and (1847) 5 N.C. 466]; and it has been decided that, in places where it is difficult or impossible to procure an ordained parson--e.g., up country in India--the … of nullity, that banns should be published according to the rubric, or a license obtained, and in either case that the marriage should be solemnised in church; and as to minors, that the father, mother, or guardian

Stare decisis

Stare decisis is a well-known doctrine in legal jurisprudence. The doctrine of stare decisis, meaning to stand by decided cases, rests upon the principle that law by which men are governed should be fixed, definite and known, … Stare decisis, to abide by authorities or cases already adjudicated upon. The doctrine of precedent , under which it is necess-ary for a court to follow

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New trial

which he was apprised at the first trial. (8) Where one of several issues, etc., has been wrongfully decided. A new trial may be ordered on any question in an action, whatever be the grounds for the … only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of

Shall

the imperative is not conclusive either. The question whether any requirement is mandatory or directory had to be decided not merely on the basis of any specific provision which, for instance, sets out the consequence of the … Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have that effect, that is to say, that unless the words of the statute are punctitiously

Judgment

or issues in controversy so far as the Trial Judge is concerned and leaves nothing else to be decided. This would mean that by virtue of the judgment, the suit or action brought by the plaintiff is … 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 verdict in

Railway

without fare and with intent to avoid payment is punishable by fine up to 40s. or in the case of a second conviction either by a fine not exceeding 20l., or in the discretion of the court … declining to make the order or of so modifying it as to remove the objection if the Board decide that the objection should be upheld. Independent powers of the companies are expressly saved; and the Railways Clauses

Extradition

any fugitive criminals, his Majesty may, by Order in Council, direct that this Act shall apply in the case of such foreign state. The Act, as amended by the (English) Extradition Acts, 1873, 1895, and 1906, provides … in implementation of the international commitment of the State, the procedure to be followed by the courts in deciding, whether extradition should be granted and on what terms, is determined by the municipal law of the land.

Uses

shows that the testator intended that C. should have the legal estate in fee, and so the law decided. And if there be a devise to the use of A. for life, with remainder over, although it … use or to the use of C.;F. was the feoffee to uses, and A. or C., as the case may be, the cestui que use. Function of feoffee to uses.-The use consisted of three parts:-(1) That the

Husband and wife

s. 36); and the 17th section, that questions arising between husband and wife as to property may be decided in a summary way (privately, if either party so require) by a judge of the High Court, or … of half and the other half to the other person see Re Jeffery, (1914) 1 Ch 375, and cases there referred to. It is now provided that the husband and wife shall for all purposes of acquisition

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