High Court At Bombay Extension Of Jurisdiction To Goa Daman And Diu Act 1981 Preamble 1 High Court At Bombay Extension Of Jurisdiction To Goa Daman And Diu Act 1981 - Law Dictionary Search Results
Home Dictionary Name: high court at bombay extension of jurisdiction to goa daman and diu act 1981 preamble 1 high court at bombay extension of jurisdiction to goa daman and diu act 1981Loan societies
Loan societies, institutions established by the purpose of advancing money on loan to the industrial classes, and receiving back payment for the same by instalments, with interest. They are exempt from the provisions of the Money Lenders Act, 1900.By the (English) Loan Societies Act, 1840 (3 & 4 Vict. c. 110 (continued by 21 & 22 Vict. c. 19, and made perpetual by 26 & 27 Vict. c. 56), forms of proceeding of a similar nature to those prescribed in the Acts regulating savings banks and friendly societies are requisite to enable loan societies to avail themselves of this Act, and see 51 & 52 Vict. c. 41, and 59 & 60 Vict. c.25, s. 2, as to certification of Rules by the Registrar of Friendly Societies.These societies are entitled to issue debentures for money deposited with them (otherwise than by way of gift), and these as well as all other notes and instruments given in pursuance of the Act are exempted from stamp duty. They are also placed on the same footing with savings banks, in the...
Cruelty
Cruelty, it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury , or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 (595): (2002) 2 SCC 73. [Hindu Marriage Act, 1955, s. 13(1)(ia)]Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security would also constitute cruelty, Shobha Rani v. Modhukar Reddi, (1988) 1 SCC 105: AIR 1988 SC 121 (...
joinder
joinder [Anglo-French, from joinder to join, from Old French joindre, from Latin jungere] : the act or an instance of joining: as a : a joining of parties as coplaintiffs or codefendants in a suit ;also : a joining of claims by one or more plaintiffs in a suit see also misjoinder compare counterclaim, cross-claim, impleader, interpleader, intervention, sever collusive joinder : an addition of a party to a suit made for the purpose of manufacturing federal jurisdiction NOTE: Under the Federal Rules of Civil Procedure a federal district court will not have jurisdiction when collusive joinder is made. compulsory joinder : joinder of a party to a suit required by the court when the party is indispensable to complete relief for parties already involved or when the party claims an interest that may substantially affect the other parties or may be put at risk by the action joinder of remedies : a joining of two claims in one action even though one cannot be recognized until the othe...
Dilatory pleas
Dilatory pleas, a class of defence founded on some matter of fact not connected with the merits of the case, but such as might exist without impeaching the right of action itself. They were either pleas to the jurisdiction, showing that, by reason of some matter therein stated ,the case was not within the jurisdiction of the Court, or pleas in suspension, showing some matter of temporary incapacity to proceed with the suit; or pleas in abatement, showing some matter for abatement or quashing the declaration. These pleas must have been verified by affidavit or otherwise, and pleaded within four days from delivery of declaration, 4 Anne, c. 16. Pleas in Abatement are now abolished. See ABATEMENT....
Civil proceeding
Civil proceeding, there is no ground for restricting the expression 'civil proceeding' only to those proceedings which arise out of civil suits or proceedings which are tried as civil suits, nor is there any rational basis for excluding from its purview proceedings instituted and tried in the High Court in exercise of its jurisdiction under Art. 226, where the aggrieved party seeks relief against infringement of civil rights by authorities purporting to act in exercise of the powers conferred upon them by revenue statutes, CIT, Bombay v. Iswarlal Bhagwandas (1966) 1 SCR 190.The words 'civil proceeding' used in Art. 133 of the Constitution cover all proceedings which directly affect civil rights, Arbind Kumar Singh v. Nand Kishore Prasad, (1968) 3 SCR 322: AIR 1968 SC 1227 (1229).The expression in our judgment covers all proceedings in which a part asserts the existence of a civil right conferred by the civil law or by statute, and claims relief for breach thereof, Cultivable land, S.A....
Chancery Court of Lancaster
Chancery Court of Lancaster. By Royal Charter and by Statute, a court conferred on the County Palatine of Lancaster, having the same and concurrent jurisdiction within its are as the Chancery Division of the High Court, see (English) Chancery of Lancaster Act, 1890 (53 & 54 Vict. c. 23); appeals to the Court of Appeal [ (English) Judic. Act, 1925, s. 28]. The Court is presided over by a Vice-Chancellor appointed by the Chancellor of the Duchy and County Palatine....
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
Judicial power
Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and th...
Lord Mayor's Court in London
Lord Mayor's Court in London. An inferior [Cox v. Mayor of London, (1867) LR 2 HL 239] Court of the king, held before the lord mayor and aldermen. Its practice and procedure were amended and its powers enlarged by the Mayor's Court of London Procedure Act, 1857. In this Court the recorder presided, or, in his absence, the common serjeant (s. 43), or the assistant judge appointed under the Borough Courts of Record Act, 1872. The Mayor's and City of London Court Act, 1920, amalgamated the City of London Court (see that title) (the jurisdiction of which was that of county Court) with the Mayor's Court, and by the County Court Act, 1934 (24 & 25 Geo. 5, c. 53), s. 186, now to be deemed a county Court, subject to the Mayor's Court Act of 1920, and the London (City) Small Debts Extension Act, 1852, with all its powers, rights and privileges preserved; and see Bowater & Sons Ltd. v. Davidson's Paper Sales, (1936) 1 KB 465. The conjoint Court thus established has all the powers and jurisdictio...
Appeal, Court of (U.K.)
Appeal, Court of (U.K.), this Court, which was constituted under the Judicature Act, 1873, the Appellate Jurisdiction Act, 1876, and the Judicature Act,1881, has, by Judicature (Consolidation) Act, 1925, s. 26, vested in it the appellate jurisdiction and powers of the Lord Chancellor and of the Court of Appeal in Chancery, and of the same Court as the Court of Appeal in Bankruptcy and from the County Palatine of Lancaster; of the Exchequer Chamber; and of the Judicial Committee of the Privy Council in appeals in Admiralty causes other than in the Prize Court, or in matters of lunacy. The Court (which usually sits in two divisions) consists of (ex officio) the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, and five Lords Justices.The Judges may not sit on appeal from judgments to which they themselves were parties.A puisne judge is occasionally summoned to sit as an additional judge (s. 7).An appeal to this Court lies as of right from any order or judgment ...
- << Prev.
- Next >>