Executive Order - Law Dictionary Search Results
Home Dictionary Name: executive orderexecutive 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. ...
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)...
Illegal, incorrect or irregular decree and void decree
Illegal, incorrect or irregular decree and void decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings. All irregular or wrong decrees or orders are not necessarily null and void. An erroneous or illegal decision, which is not void, cannot be objected in execution or collateral proceedings, B...
Alimony
Alimony [fr. alimonia. Lat.], the allowance made to a wife out of her husband's estate for her support, either during a matrimonial suit or at 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 without any just cause for so doing.It is of two kinds: (a) In causes between husband and wife. The husband is obliged to allow his wife alimony during the suit, and this whether the suit be commenced by or against him, and whatever its nature may be. It is usually such a sum as will provide the wife with one-fifth of the joint incomes, and will be reduced according to fluctuations of income. The wife may apply for an increase of his means have improved. (b) Permanent alimony, which is allotted to a wife after final decree. Alimony is within the exclusive jurisdiction of the Probate and Divorce Division. The Court may direct its payment ...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
stay
stay stayed stay·ing : to temporarily suspend or prevent by judicial or executive order [may not grant an injunction to proceedings in a state court "U.S. Code"] n : a temporary suspension or injunction of an action or process by a usually discretionary judicial or executive order [a of execution of the judgment] [ of a lower court's judgment pending certiorari "W. J. Brennan, Jr."] see also automatic stay compare cease-and-desist order at order, mandamus, supersedeas ...
Legislation
Legislation, a legislation, it is trite, is not confined to a statute enacted by Parliament or the legislature of a State, which would include delegated legislation and subordinate legislation or an executive order made by the Union of India, State or any other statutory authority. In a case where the field is not covered by any statutory rule, executive instructions issued in this behalf shall also come within the purview thereof. Situs of office of Parliament, legislature of a State or authorities empowered to make subordinate legislation would not by itself constitute any cause of action or cases arising. In other words, framing of a statute, statutory rule or issue of an executive order or instruction would not confer jurisdiction upon a court only because of the situs of the office of the market thereof, Kusum Ingots & Alloys Ltd. v. Union of India, (2004) 6 SCC 254 (263).--the making of law; any set of statutes.The distinction between a 'legislative' act and a 'judicial' act is w...
Deliverance, second, writ of
Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by this judgment from proceeding, for he may sue out the judicial writ of second deliverance, in execution of which the sheriff must again take the goods from the defendant and deliver them to the plaintiff, or the writ will operate in the sheriff's hand as a supersedeas of the writ de retorno habendo, if the latter writ has not as yet been executed. The proceedings upon this writ are the same as in ordinary cases of replevin, and if the defendant have judgment either upon verdict, demurrer, or of non pros., it is for a return irreplevisable, and he shall have a writ de retorno habendo, which being executed, the plaintiff cannot have any further writ of deliverance, 2 Chit. Arch. Prac. See REPLEVIN....
order
order 1 : a state of peace, freedom from unruly behavior, and respect for law and proper authority [maintain law and ] 2 : an established mode or state of procedure [a call to ] 3 a : a mandate from a superior authority see also executive order b : a ruling or command made by a competent administrative authority ;specif : one resulting from administrative adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court and was jailed for contempt] cease-and-de·sist order [sēs-ənd-di-zist-, -sist-] : an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction, mandamus, stay consent order : an agreement of litigating parties that by consent takes the form of a court order final order : an order of a court...
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...
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