Established Practice - Law Dictionary Search Results
constitution
constitution [Latin constitutio system, fundamental principles (of an institution), from constituere to set up, establish] 1 : the basic principles and laws of a nation, state, or social group that determine the powers … variety of statutes (as the Magna Carta) and in common law. Canada inherited many of the rules and practices that are considered part of the British Constitution, but the Constitution of Canada is also set down in
Foreign judgment
Foreign judgment, it is a well established pro-position in Private International law that unless a foreign Court has jurisdiction in the international sense, a judgment … not strictly in this country res judicata, and therefore does not create an absolute estoppel. Nevertheless it is practically conclusive between the parties on the merits. Every presumption will be made in favour of a foreign judgment.
Discovery
does not extend to a discovery of the manner in which the 'defendant's case' is to be exclusively established, or to evidence which relates exclusively to his case. As to the grounds on which discovery might be … the cause or matter or for saving costs. In commercial causes (see COMMERCIAL Court) it is the usual practice for the solicitors on each side to exchange lists of documents, and for an affidavit to be dispensed
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Registration of title of land
Registration with qualified title is granted where it appears to the registrar that the title can only be established for a limited period or subject to reservations. Registra-tion in this form is seldom effected. Registration with possessory … the system of mapping and indexing, which has been brought to great perfection at the registry. For the practice and procedure fees and legal charges at the Land Registry, consult Fortescue-Brickdale and Steward-Wallace on the Land Registration
Alimony
its termination, when she proves herself entitled to a separate maintenance, and the fact of a marriage is established. But she is not entitled to it if she elope with an adulterer, or wilfully leave her husband … deserted by him, see the Married Women (Maintenance) Acts, 1895 and 1920, and Stone's Hustices Manual. The same practice and principles as apply in the High Court will govern the allotment of such alimony, Cobb v. Cobb,
Allowance
or open tare, is the actual weight of the package. Customary tare is, as its name implies, an established allowance for the weight of the package. Computed tare is an estimated allowance agreed upon at the time. … and the regulations made thereunder. For allowances to witnesses in Civil Proceedings in the High Court, see Annual Practice; in the County Courts, see County Court Rules.
Action
judgment or decree. The action is said to be terminate at judgment, 1 Morris M. Estate, Estate's Pleadings, Practice and Forms, sec. 3 at 1; Carter P. Pomoroy Ed., 3d Edn. 1885. Action is the process of … plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right
Loan societies
Loan societies, institutions established by the purpose of advancing money on loan to the industrial classes, and receiving back payment for the … loans appears to be justifiable than in the case of overdrafts and cash credits, Tanner's Banking Law & Practice in India, 18th Edn., Canara Bank v. P.R.N. Upadhyaya, (1998) 6 SCC 526.
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' … case were to be committed to a Court of Session, Rajender Kumar Jain v. State through Special Police Establishment, AIR 1980 SC 1510 (1514): (1980) 3 SCC 435: (1980) 3 SCR 982. It includes decree, order, sentence
Trust
the nature of the instrument or the language; the statute will be satisfied if the trust can be established by any subsequent acknowledgment of the trustee, however informally or indirectly made, as by a letter under his … grantor or settlor or in addition to and subject to such directions. This part is important from a practical point of view because trustees are liable to make good any loss on unauthorised investments in the absence
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