Impediment - Law Dictionary Search Results
Home Dictionary Name: impedimentJust impediment
Just impediment, where two views are equally possible on this complex question and where a party being guided by one of such views adopts a course consistent with that view it would equally be a case of 'just impediment' within the meaning of art. 145 of the Portuguese Code, which could be said to have prevented the party from filing the appeal within limitation prescribed by the Por-tuguese Code, Maria Cheristine De Souza Soddar v. MariaZurna Pereira Pinto, AIR 1979 SC 1352 (1355): (1979) 1 SCC 92....
Diriment impediments
Diriment impediments, absolute bars to marriage, which would make it null ab initio, See IMPEDIMENTS....
Impediment
Impediment, means a hindrance or obstruction, esp., some fact (such as legal minority) that bars a marriage, if known, but that does not void the marriage if discovered after the ceremony, Black's Law Dictionary, 7th Edn., p. 756....
impediment
impediment : something that prevents or interferes with a process, power, or right [should have known of the legal s to the execution of any judgment against the police jury "Penalber v. Blount, 550 So. 2d 577 (1989)"] ;specif : a bar to the formation of a valid contract or marriage compare nullity ...
Impedimentum dirimens
Impedimentum dirimens, 'cause or impediment' to marriage which is not removed by the actual solemnisation of the rite, but continues in force and makes the marriage null and void (opposed to impedimentum impediens). See Sanchez de Matrimonio, lib. 7, disputatio 6....
Arbitrariness
Arbitrariness, the meaning and true import of arbitrariness is more easily visualized than precisely stated or defined. The question, whether an impugned act is arbitrary or not, is ultimately to be answered on the facts and in the circumstances of a given case. An obvious test to apply is to see whether there is any discernible principle emerging from the impugned act and if so, does it satisfy the test of reasonableness. Where a mode is prescribed for doing an act and there is no impediment in following that procedure, performance of the act otherwise and in a manner which does not disclose any discernible principle which is reasonable, may itself attract the vice of arbitrariness, Shrilekha Vidyarthi v. State of Uttar Pradesh, (1991) 1 SCC 212 (243): AIR 1991 SC 537....
Arbitrary
Arbitrary, where a particular mode is prescribed for doing an act and there is no impediment in adopting the procedure, the deviation to act in different manner which does not disclose any discernible principle which is reasonable itself shall be labelled as arbitrary. Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary, Bannari Amman Sugars Ltd. v. CTO, (2005) 1 SCC 625 (634). (Constitution of India, Art. 14)...
Brawling
Brawling [fr. brailler, Fr., to brawl], the offence of quarrelling, or creating a disturbance in the church or churchyard, punished by 5 & 6 Edw. 4, c. 4 [partly repealed by 9 Geo. 4, c. 31, s. 1, and wholly repealed as to laymen by the (English) Ecclesiastical Courts Jurisdiction Act, 1860 (23 & 24 Vict. c. 32)], by excommunication and suspension, and also, by the unrepealed but disused 1 Mary, st. 2, c. 3, by imprisonment until the party repent.By the Act of 1860, persons guilty of riotous, violent, or indecent behaviour in churches and chapels of the Church of England or Ireland, or in any chapel of any religious denomination, or in England in any place of religious worship duly certified under the (English) Places of Worship Registration Act, 1855 (18 & 19 Vict. c. 81), or in church-yards or burial grounds, on conviction before two justices are made liable to a penalty of not more than 5l., or imprisonment for any term not exceeding two months, See Matthews v. King, (1934) 1 KB 505...
Gretna green marriage
Gretna green marriage, a marriage celebrated at Gretna, in Dumfries (bordering on the county of Cumberland), in Scotland. By the law of Scotland a valid marriage may be contracted by consent alone before witnesses without any other formality. See PER VERBA DE PR'SENTI.A marriage entered into in a jurisdiction other than where the parties reside to avoid some legal impediment that exists where they live; a runaway marriage, Black's Law Dictionary, 7th Edn., p. 709.When Lord Hardwicke's repealed Marriage Act of 1753 (26 Geo. 2, c. 33), rendered the publicationof banns (or a licence) necessary in England, it became usual for persons who wished to marry clandestinely to go to Gretna Green, the nearest part of Scotland, and marry according to the Scotch law; so a sort of chapel was built at Gretna Green, in which the English marriage service was performed by the village blacksmith; as to the validity of such marriages, see Hubback on Succession. But by the Marriage (Scotland) Act, 1856 (19 ...
Notwithstanding anything in the Constitution
Notwithstanding anything in the Constitution, the phrase 'notwithstanding anything in the Constitution' is equivalent to saying that in spite of the other articles of the Constitution, or that the other articles shall not be an impediment to the operation of Art. 278, South India Corporation (P) Ltd. v. Secretary, Board of Revenue, AIR 1964 SC 207 (215): (1964) 4 SCR 280....
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