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Wilful disobedience

obey the writ may not constitute civil contempt depending upon the facts and circumstances of the case. The appropriate mode of enforcing obedience to a writ of habeas corpus is by committal for contempt. A committal order … Wilful disobedience, 'willful disobedience' to a writ issued by a court constitutes civil contempt, though mere failure to obey the writ may not constitute civil contempt depending upon the

Specific performance

contract of personal service, but it will enforce a negative covenant by injunction if damages are not an appropriate remedy, Warner Brothers' Pictures (Inc.) v. Nelson, (1937) 1 KB 209. The several requisites of a contract, which … (see now Judicature Act, 1925, s. 36) By s. 49, (English) Law of Property Act, 1925, where the Court refuses to grant specific performance of a contract the Court has power to order the repayment of any

regulatory taking

regulatory taking : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as … physical taking, zoning NOTE: In order to determine whether a regulatory taking is effected by a regulation, a court will consider the government's interest that is being furthered by the regulation, the breadth or specificity of the

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Any person

an application to the Chief Commissioner or Commissioner giving reasons for his objection to the order and seeking appropriate relief in the matter, Commissioner of Income Tax, Bbubaneswar v. Parmeshwari Devi Sultana, (1998) 3 SCC 481. The … Order 21, Rule 97(1) (CPC) is used deliberately for widening the scope of power so that the executing court could adjudicate the claim made in any application. Thus by use of words 'any person' it includes all

Trustees, Fraudulent, Punishment of

Trustees, Fraudulent, Punishment of. By the (English) Larceny Act, 1916, s. 21, the appropriation of the trust fund by the trustee to his own use is punishable by penal servitude for seven … other than one who has taken civil proceedings against the trustee and has obtained the sanction of the Court.

Cause of action

of action arises outside the specified areas, it will be open to the litigant to frame the case appropriately to attract the jurisdiction either at Lucknow or at Allahabad, Nasiruddin v. State Transport Appellate Tribunal, (1976) 1 … Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)] --It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under

Comity of Nations

Comity of Nations, the most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within … interests. In the silence of any positive rule affirming or denying or restrain-ing the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy or

Temple

The deity does not begin to reside in the Idol (the visible image) until the consecration or the appropriate ceremony is completed, T.V.D. Naidu v. Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Madras, AIR 1989 Mad … worship. [See Tamil Nadu Hindu Religious and Charitable Endow-ments Act, 1959, ss. 6(20), 9(12)] Temple, two Inns of Court, thus called because anciently the dwelling-place of the Knights-Templars. On the suppression of that Order, they were purchased

record

: to put in a record 2 : to deposit or otherwise cause to be registered in the appropriate office as a record and notice of a title or interest in property [ a deed] [ a … a designated officer c : the official set of papers used and generated in a proceeding [the appeals court reviewed the trial ] d : documented evidence or history of one or more arrests or convictions see

Law

that the law must satisfy two tests before it can be a valid law, namely, (1) that the appropriate legislature has competency to make the law; and (2) that it does not take away or abridge any … of Sikkim, AIR 2006 Sikkim 1. The law of foreign countries is a question of fact in English Courts. See FOREIGN LAW. It (English) is also sometimes used as opposed to equity, meaning the principles followed in

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