Force And Effect - Law Dictionary Search Results
Home Dictionary Name: force and effectforce and effect
force and effect : legal efficacy [have the force and effect of a formal acceptance "Louisiana Civil Code"] ...
Void
Void, 'the erosion of the distinction between juris-dictional errors and non-jurisdictional errors has, correspondingly eroded the distinction between void and voidable decision. The courts have become increasingly impatient with the distinction, to the extent that (1) All official decisions are presumed to be valid until set aside or otherwise held to be invalid by a court of competent jurisdiction', Judicial Review of Administrative Action, De Smith, Woolf and Jowell, 1995 Edn., p. 259-60.Void, denotes 'if an act or decision, or an order or other instrument is invalid, it should, in principal be null and void for all purposes; and it has been said that there are no degrees of nullity. Even though such an act is wrong and lacking in jurisdiction, however, it subsists and remains fullyeffective unless and until it is set aside by a court of competent jurisdiction. Until its validity is challenged, its legality is preserved', Halsbury's Laws of England, 4th Edn., (Re-issue), Vol. 1(1), ...
Code
Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or...
Enforce
Enforce, has been attributed a meaning to give force or effect to; to compel obedience to (Black Law Dictionary) see also Hameed Joharan v. Abdul Salam, (2001) 7 SCC 573.In general, to cause to be executed or performed, to cause to take effect, or to compel obedience to, as to enforce laws or rules; to control; to execute with vigor; to put in execution; to put in force: also to exact, or to obtain authoritatively. The word is used in a multiplicity of ways and is given many shades of meaning and applicability, but it does not necessarily imply actual force or coercion. As applied to process, the term implies execution and embraces all the legal means of collecting a judgment, including proceedings supplemental to execution (corpus juris secundum) Hameed Joharan v. Abdul Salam, (2001) 7 SCC 573....
Law in force
Law in force, a law cannot be said to be in force unless it is brought into operation by legislative enactment, or by the exercise of authority by a delegate empowered to bring it into operation. The theory of a statute being in operation in a constitutional sense though it is not in fact in operation has, no validity, State of Orissa v. Chandra Shekhar Singh Bhoi, (1969) 2 SCC 334: AIR 1970 SC 398 (401). [Constitution of India, Art. 13]--the words 'law in force' as used in article 372 of the Constitution are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law. Edward Mills Co. Ltd. V State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Art. 372]Sales tax could not be charged on pure silken fabrics by the said State Government on Oct. 31, 1966 merely by virtue of the notification dated Aug. 24, 1966. It was, therefore, not a law in force when the composite State was re-organised. S. 88 of the Pu...
Force majeure
Force majeure, irresistible compulsion, coercion diplomatically recognized as irresistible, Concise Oxford Dict. Compare ACT OF GOD; RESTRAINT OF PRINCES.An event or effect that can be neither anticipated no controlled, Black's Law Dictionary, p. 657.The expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges have agreed that strikes, breakdown of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. An analysis of rulings on the subject into which it is not necessary in this case to go, shows that where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', Dhanrajamal Gobindram v. Shamji Kalidas and Co., AI...
Effective
Having the power to produce an effect or effects producing a decided or decisive effect efficient serviceable operative as an effective force remedy speech the effective men in a regiment...
force majeure
force majeure [French, superior force] 1 : superior or insuperable force 2 : an event (as war, labor strike, or extreme weather) or effect that cannot be reasonably anticipated or controlled : fortuitous event compare act of god, inevitable accident ...
Notwithstanding anything contained in law for the time in force
Notwithstanding anything contained in law for the time in force, sub-s. (1) of s. 4 of the Probation of Offenders Act contains the words 'notwithstand-ing anything contained in law for the time being in force'. The above non obstante clause points to the conclusions that the provisions of s. 4 of the Probation of Offenders Act would have overriding effect and shall prevail if the other conditions prescribed are fulfilled, Isher Das v. State of Punjab, AIR 1972 SC 1295 (1298): (1973) 2 SCC 65: (1972) 3 SCR 312....
Maintenance-effect on divorce
Maintenance-effect on divorce, if there is no specific provision to the contrary, nothing that there is in the Code of Criminal Procedure will affect any special provision in force, or in other words there being nothing to the contrary the provisions of s. 188 of the Code of Criminal Procedure will have no effect on s. 44 of Divorce Act, James Fredrick Rowland v. M/s. Raynah Rowland Nee Glover, AIR 1959 Cal 703....
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