Controversy - Law Dictionary Search Results
Home Dictionary Name: controversy Page 1 of about 114 results (0.002 seconds)separable controversy
separable controversy : a separate and independent claim or cause of action that by itself is removable to the federal courts even though it is joined with others that are not removable NOTE: If a case involves a separable controversy, the entire case may be removed and determined as a whole, or the court may remand those matters that were not removable and determine the rest. ...
controversy
controversy pl: -sies 1 : a state of dispute or disagreement [suits at common law, where the value in shall exceed twenty dollars "U.S. Constitution amend. VII"] 2 : a civil action involving a real and immediate dispute between parties with adverse interests NOTE: Article III of the U.S. Constitution gives the judiciary the power to decide cases and controversies. Article III's limitation of the judicial power to cases or controversies requires that an action brought in the federal court involve parties with standing to sue and questions that are ripe and not moot. con·tro·ver·sial [kÄ n-trə-vər-shəl, -vər-sē-əl] adj ...
matter in controversy
matter in controversy see matter ...
Bering Sea Controversy
A controversy 1886 93 between Great Britain and the United States as to the right of Canadians not licensed by the United States to carry on seal fishing in the Bering Sea over which the United States claimed jurisdiction as a mare clausum A court of arbitration meeting in Paris in 1893 decided against the claim of the United States but established regulations for the preservation of the fur seal...
actual controversy
actual controversy : a real dispute between parties with true adverse legal interests based on facts existing at the time the suit is brought ...
Controversially
In a controversial manner...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end 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 verd...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
Judicial power
Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
Dispute
Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara Bank v. National Thermal Power Corporation, (2001) 1 SCC 43.The term 'dispute' means a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other, Gujarat State Corporation Land Development Bank v. P.R. Mondkad, (1979) 3 SCC 123: AIR 1979 SC 1203 (1207).There should be dispute and there can only be a dispute when a claim is asserted by one party and denied by the other on whatever grounds. Mere failure or inaction to pay does not lead to the inference of the existence of dispute. Dispute entails a positive element and assertion in denying, not merely inaction to accede to a claim or a request, Inder Singh Pekhi v. D.D.A., AIR 1988 SC 1007 (1009): (1988) 2 SCC 338.Once such a claim is made prior to invocation of arbitrati...
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