Collateral Proceeding - Law Dictionary Search Results
Home Dictionary Name: collateral proceedingcollateral proceeding
collateral proceeding see proceeding ...
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
Illegal, incorrect or irregular decree and void decree
Illegal, incorrect or irregular decree and void decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings. All irregular or wrong decrees or orders are not necessarily null and void. An erroneous or illegal decision, which is not void, cannot be objected in execution or collateral proceedings, B...
Void and voidable
Void and voidable. There is this difference between these two words: void means that an instrument or transaction is so nugatory and ineffectual that nothing can cure it; voidable, when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it. Thus, while acceptance of rent will make good a voidable lease, it will not affirm a void lease. See NULL AND VOID.The expression 'void' has several facets. One type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice of the same and it can be disregarded in collateral proceeding or otherwise. The other type of void act, e.g., may be transaction against a minor without being represented by a next friend. Such a transaction is a good transaction against the whole world. So far as the minor is concerned, if he decides to avoid the same and succeeds in avoiding it by takin...
Collateral
Collateral, indirect, sideways, that which hangs by the side; applied in several ways, thus:--collateral assurance, that which is made over and above the deed itself; collateral consanguinity or kindred, which descend from the same stock or ancestor as the lineal relation, but do not descend one from the other, as the issue of two sons; collateral issue, where a criminal convict pleads any matter allowed by law, in bar of execution, as pregnancy, pardon, an act of grace, or diversity of person, viz., that he or she is not the same that was attained, etc., the issue upon which when taken is tried by a jury instanter; collateral security, where a deed is made of other property, besides that already mortgaged, for the better safety of the mortgagee (see Re Athill, (1880) 16 Ch D 211) or a bill of exchange given, or pledge deposited to secure a pre-existing debt; and collateral contract, where a contract by word of mouth co-exists [see e.g., Morgan v. Griffiths, (1871) LR 6 Ex 70; De Lassa...
collateral
collateral 1 a : accompanying as a secondary fact, activity, or agency but subordinate to a main consideration b : not directly relevant or material [a evidentiary matter] [a issue] 2 : belonging to the same ancestral stock but not in a direct line of descent compare lineal 3 a : of, relating to, or being collateral used as a security (as for payment of a debt) b : secured by collateral [a loan] col·lat·er·al·ly adj n 1 : a collateral relative 2 : property pledged by a borrower to protect the interests of the lender in the event of the borrower's default ;specif under Article 9 of the Uniform Commercial Code : property subject to a security interest ...
Void decree, illegal decree
Void decree, illegal decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings, Balwant N. Vishwamitra v. Yadav Sadashiv Mule, (2004) 8 SCC 706....
collateralize
collateralize -ized -iz·ing 1 : to make (a loan) secure with collateral 2 : to use (as securities) for collateral ...
cross-collateralize
cross-collateralize -ized -iz·ing : to secure (a preexisting debt) with cross-collateral cross-collateralization n ...
Collateral or incidental issue
Collateral or incidental issue, a collateral or incidental issue is one that is ancillary to a direct and substantive issue; the former is an auxiliary issue and the latter the principal issue. The expression 'collaterally or incidentally' in issue implies that there is another matter which is 'directly and substantially' in issue, Sajjadanashin Sayed Md. B.E Edr v. Musa Dadabhai Ummer, (2000) 3 SCC 350: AIR 2000 SC 1238 (1243). [Civil Procedure Code 1908, s. 11]...
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