Conscience Courts Of - Law Dictionary Search Results
Conscience, Courts of
Matched in: Term Conscience, Courts of
Public policy, opposed to public policy
policy. Practices which were considered perfectly normal at one time have today become obnoxious and oppressive to public conscience. If there is no head of public policy which covers a case, then the court must in consonance … the place of old, transactions which were once considered against public policy are now being upheld by the courts and similarly where there has been a well recognized head of public policy, the courts have not shirked
Injunction
assertion of a right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post. See Specific Relief Act, 1963 (47 of 1963), s. 37. Prior to … Relief Act, 1963 (47 of 1963), s. 37. Prior to the Judicature Act injunctions were grantable by the Court of Chancery only (except to prevent the repetition of a breach of contract or injury under s. 79of
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Uses
Court of Chancery, although without jurisdiction over the property, found a way to make an appeal to the conscience of the apparent or legal owner, backed by its irresistible sanctions. The person enjoying the beneficial right was … and equitable interests; but this object, if it existed, has failed owing to the equitable jurisdiction of the Courts of Chancery and the judicial interpretation by the Common Law judges of the meaning of this celebrated statute. Requirements
party
more rigid basis for determination. The rule states that “the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus … of an action compare necessary party in this entry NOTE: Federal Rule of Civil Procedure 19 provides the courts with discretion in determining whether the absence of a party requires dismissal of an action, replacing an older
L'sione fidei, suits pro
L'sione fidei, suits pro, proceedings in the Ecclesiastical Courts for spiritual offences against conscience, for non-payment of debts, or breaches of civil contracts. By entertaining them the clergy attempted to turn the
Constructive fraud
as the result of conduct which, though not amounting to actual fraud or deceit, is contrary to good conscience. Such conduct, which is described as 'constructive fraud', Nocton v. Lord Ashburton, 1914 AC 932. … Constructive fraud, a court of equity will set aside a transaction entered into as the result of conduct which, though not amounting
Immoral
deviating from the standard norms of life. It may also be said that what is repugnant to good conscience is immoral. Its varying content depends upon time, place and the stage of civilization of a particular society, … SCR. (Indian Contract Act, 1872, s. 23) The consideration or object of an agreement is lawful unless the court regards it as immoral, or opposed to public policy.
Chancellor, Lord
an office so conversant in writings), and presiding over the royal chapel, he became keeper of the sovereign's conscience, visitor, in right of the Crown, of the hospitals and colleges of royal foundation, and patron of all … justices of the peace throughout the kingdom, and the appointment and removal of county court judges (see COUNTY COURTS), and [see s. 8 of the (English) Coroners Act, 1887] the power to remove coroners. He is one
Natural justice
in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinction between 'natural justice' and 'natural law'. 'Natural justice' … or quasi-judicial proceedings; and for that purpose, whenever a breach of the rule of natural justice was alleged, courts in England used to ascertain whether the impugned action was taken by the statutory authority or tribunal in
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