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Executive - Law Dictionary Search Results

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Execution

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 ...


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...


executive

executive 1 : of or relating to the execution or carrying out of laws [serving a warrant is an function] ;esp : belonging to the branch of government that is charged with such powers as diplomatic representation, overseeing the execution of laws, and appointment of officials see also administrative Article II of the Constitution in the back matter compare judicial, legislative 2 a : of or relating to execution b : having administrative or managerial responsibility [an director] 3 : of, relating to, or issued by an executive [an pardon] n 1 a : the executive branch of a government compare judiciary, legislature b : the person or persons making up that branch see also governor, mayor, president 2 : a person who exercises administrative or managerial control ...


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....


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. ...


Executive

Designed or fitted for execution or carrying into effect as executive talent qualifying for concerned with or pertaining to the execution of the laws or the conduct of affairs as executive power or authority executive duties officer department etc...


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 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....


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....


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....



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