Foreign Attachment - Law Dictionary Search Results
Home Dictionary Name: foreign attachmentForeign Attachment
Foreign Attachment, a custom which prevails in the city of London, whereby a debt owing to a defendant, sued in the Court of the Mayor or Sheriff, may be attached in the hands of the debtor. The custom was certified by the Recorder of London, in the reign o Edward IV., to be, that if a plaint be affirmed in London before, etc., against any person, and it be returned nihil, if the plaintiff will surmise that another person within the city is a debtor to the defendant in any sum, he shall have garnishment against him to warn him to come in and answer whether he be indebted in the manner alleged; and if he comes and does not deny the debt, it shall be attached in his habds, and after four defaults, recorded on the part of the defendant, such person shall find new surety to the plaintiff for the said debt, and judgment shall be that the plaintiff shall have judgment against him and that he shall be quit against the other after execution sued out by the plaintiff. Consult Brandon on Foreign...
Attachment, Foreign
Attachment, Foreign, a process under which the goods of foreigners found in some liberty are taken to satisfy creditors, Com. Dig., tit. 'Attachment, Foreign.' Also a judicial proceeding, by means of which a creditor may obtain the security of the moneys, goods, or other personal property of his debtor, in the hands of a third person, for the purpose, in the first instance, of enforcing the appearance of the debtor to answer an action; and afterwards, upon his continued default, of obtaining the goods or property in satisfaction of the demand. It is also called garnishment. As to the custom prevailing in the City of London, see FOREIGN ATTACHMENT and consult Brandon on For. Attach...
Attache
Attache, a person associated with a foreign legation. The privilege of an attache extends to prevent a distress being levied on his furniture for non-payment of rates, Macartney v. Garbutt, (1890) 24 QBD 368....
Garnishee
Garnishee, a debtor who has been warned to pay his debt not to his own creditor but to some third party who has obtained a final judgment against the creditor. The order thus arresting the debt in the hands of the debtor is called a 'garnishee order.' See (English) R.S.C., Ord. XLV. See ATTACHMENT LESS OF DEBTS; FOREIGN ATTACHMENT.A person or constitution (Such as bank) that is intended to or is bailee for another whose property has been subjected to garnishment, Black's Law Dictionary, 7th Edn., p. 689....
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 delivered by that Court would not be recognised or enforceable in India, Sankaran Govindan v. Lakshmi Bharathi, AIR 1974 SC 1764: (1975) 3 SCC 351: (1975) 1 SCR 57.Means the judgment of a foreign Court. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (6)]--A foreign judgment, i.e., a judgment of a foreign court, stands on a very different footing from a judgment of a court of this country. It cannot be enforced here by execution like an English judgment; it can only be enforced by bringing an action on it as if it were a contract, which of course it is not, though it is convenient to treat it as such. It is 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...
Foreign contribution
Foreign contribution, means the donation, delivery or transfer made by any foreign source--(i) of any article, not being an article given to a person as a gift for his personal use, if the market value, in India, of such article, on the date of such gift, does not exceed one thousand rupees.(ii) of any currency, whether Indian or foreign;(iii) of any foreign security as defined in clause (i) of s. 2 of the Foreign Exchange Regulation Act, 1973. [Foreign Contribution (Regulation) Act, 1976 (49 of 1976), s. 2(1)(c)]...
Foreign exchange derivative contract
Foreign exchange derivative contract, means a financial transaction or an arrangement in what-ever form and by whatever name called, whose value in derived from price movement in one or more underlying assets, and includes:-(a) a transaction which involves at least one foreign currency other than currency of Nepal or Bhutan, or(b) a transaction which involves at least one interest rate applicable to a foreign currency not being a currency of Nepal or Bhutan, or(c) a forward contract, but does not include foreign exchange transaction for Cash or Tom or Spot deliveries. [Foreign Exchange Management (Foreign Exchange Derivative Contracts) Regulations, 2000, Reg. 2 (v)]...
Foreigner
Foreigner, has the same meaning as the Foreigners Act, 1946. [National Security Act, 1980 (65 of 1980)]It means a person who is not a citizen of India. [Foreigners Act, 1946 (31 of 1946), s. 2; See also National Security Act, 1980 (65 of 1980), s. 2 (c)]The word 'foreigner' according to the definition as in force in 1955 meant, a person who (i) is not natural born British subject as defined in sub-ss. (1) and (2) of s. 1 of the British Nationality and Status of Aliens Act, 1914, or (ii) has not been granted a certificate of naturalization as a British subject under any law, for the time being in force in India, or (iii) is not a citizen of India. The Citizenship Act, 1955 having been published in the Gazette of India on December 30, 1955, was also not in force at the time when the respondent entered India, State of U.P. v. Rahmatullah, AIR 1971 SC 1382: (1972) 2 SCC 113: (1971) Supp SCR 494.A person born at Allahabad at a time when it was within his Britannic Majesty's Dominion is a na...
Foreign Currency Convertible Bond
Foreign Currency Convertible Bond, (FCCB) means a bond issued by an Indian company expressed in foreign currency, and the principal and interest in respect of which is payable in foreign currency. [Foreign Exchange Management (Transfer or Issue of Any Foreign Security) Regulations, 2000, Reg. 2(g)]...
Foreign Enlistment Act
Foreign Enlistment Act, 59 Geo. 3, c. 69 (as to which see Burton v. Pinkerton, (1867) LR 2 Ex 340), repealed and replaced by the Foreign Enlistment Act, 1870 (33 & 34 Vict. c. 90), passed to 'regulate the conduct of the Majesty's subjects during the existence of hostilities between foreign states with which her majesty is at peace.' by s. 4 of this Act, if any British subject accepts any engagement in the military or naval service of any foreign state at war with any foreign state at peace with the Crown,he is punishable by fine and imprisonment or either; and by s. 11, if any person within theBritish Dominions 'prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state,' such person and any persons employed in any capacity in any such expedition are similarly punishable. In Reg. v. Jameson, (1896) 2 QB 425, many persons were tried and convicted for an offence against s. 11 in making an armed incursion into the Transvaal in South Africa...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial