Execution - Law Dictionary Search Results
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Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
Speedy execution
Speedy execution. A plaintiff having obtained a verdict in a cause was not entitled to issue execution until fourteen days, unless a judge should order execution to issue at an earlier period, which was called 'speedy execution.'-C.L.P. Act, 1852, s. 120, and H.T. 1853, r. 57. Under the Jud. Acts, immediate execution is the rule. See EXECUTION....
Execution of criminals
Execution of criminals, must be performed by the legal officer-the sheriff, or his deputy. The Common Law mode of execution is by hanging, which until 1868 took place in public; but in that year the (English) Capital Punishment Amendment Act (31 & 32 Vict. c. 24), prescribed that the execution must take place within the walls of the prison, in presence of the sheriff, gaoler, chaplain, and surgeon of the prison, and such other officers of the prison as the sheriff requires, or allows. Public execution is, however, still necessary in the case of piracy with attempted murder. See PIRACY....
Execution of Deeds
Execution of Deeds, the signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of witnesses. By s. 73, L.P. Act, 1925, sealing alone is not sufficient; an individual must sign or mark the deed. Sect. 74, ibid., provides for the execution of deeds by companies and other corporations. See CORPORATION; DEED. As to compulsory executions, s. 47 of the (English) Judicature Act, 1925, replacing the 14th s. of the (English) Judicature Act, 1854, enacts, that when any person fails to comply with a judgment directing him to execute any conveyance, etc., the Court may order that the conveyance, etc., may be executed by such person as the Court may nominate to execute the deed instead, and that such execution shall have the same validity as if the conveyance, etc., had been executed by the party himself.The rule that a purchaser was entitled to have the conveyance executed in his presence is abrogated by (English) L.P. Act, 1925, s. 75, replacing the (E...
Step in aid of execution
Step in aid of execution, implies if the facts of a particular case show that the proceedings in question has the effect of facilitating or advancing the execution of any extent or removing some obstacle from the way of execution, it may well be regarded as step in aid of execution, Ram Bharose v. Ramman Lal, AIR 1932 Oudh 148....
Step in aid of execution of the decree
Step in aid of execution of the decree, the expression 'step in aid of execution of the decree' not defined in the Limitation Act nor is it capable of a precise or exhaustive definition. It will have to be construed in the light of the facts and circum-stances in each case and the present case is indeed a peculiar one with litigation raised on two fronts; the parties with diametrically opposite avowed objects one (namely, the appellant) to execute and reap the fruit of the foreclosure decree and the other (namely, the respondent, judgment-debtor's son) seeking the assistance of the court to completely nullity the very decree in order to maintain his title to and possession of the suit property, Prem Raj v. Ram Charan, AIR 1974 SC 968: (1974) 3 SCR 494: (1974) 2 SCC 1. (Limitation Act, 1908, Art. 182)...
Executive function
Executive function, it may not be possible to frame an exhaustive definition of what executive function means and implies. Ordinarily the executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away. The executive function comprises both the determination of the policy as well as carrying it into execution. This evidently includes the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State, Ram Janaya Kapur v. State of Punjab, AIR 1955 SC 549 (555, 556): (1955) 2 SCC 225....
Executive
Executive, that branch of the government which puts the laws into execution, as distinguished from the legislative and judicial branches. The body that deliberates and enacts laws is legislative; the body that judges and applies the laws in particular cases is judicial; and the body that carries the laws into effect, or superintends the enforcement of them, is executive. The executive authority, in all monar-chies, is vested in the sovereign.In relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted. [Industrial Disputes Act, 1947, s. 2 (gg)]It means the body, by whatever name called, to which the management of the affairs of a Trade Union is entrusted. [Trade Unions Act, 1926, s. 2 (a)]The term 'executive' is used in the broader sense as including both a decision as to action and the carrying out of the decision, State of Bihar v. Sanebati Kumari, AIR 1961 SC 221 (230): (1961) 1 SCR 728. [Constitution o...
executive order
executive order : an order issued by a government's executive on the basis of authority specifically granted to the executive branch (as by the U.S. Constitution or a congressional act) [the National Security Agency was created by an executive order] compare proclamation, statute NOTE: An executive order from the president does not have the force of law until it is printed in the Federal Register. ...
Executed consideration
Executed consideration, a consideration which is executed before the promise upon which it is founded is made, as where A. bails a man's servant, and the master afterwards promises to indemnify A.; but if a man promise to indemnify A. in the event of his bailing his servant, the consideration is then executory. With respect to an executed consideration, the rule is, that if it were not at the precedent request, express or implied, of the promiser, but a merely voluntary courtesy, it will not suffice to support a promise; therefore, in the first example, the promise would not be binding unless the bailing were at the master's precedent request. See notes to Lampleigh v. Brathwait, (1616), 1 Sm. L.C., and CONSIDERA-TION; CONTACT....
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