In Law - Law Dictionary Search Results
Home Dictionary Name: in law Page: 6Adjective law
Adjective law, is the body of rules governing procedure and practice, Black Law Dictionary, 7th Edn., p. 42.Means the body of law in State consists of two parts, substantive and adjective law. The former prescribes those rules of civil conduct which declare the rights and duties of all who are subject to the law. The latter relates to the remedial agencies and procedure by which rights are maintained, their invasion redressed and the methods by which such results are accomplished in judicial tribunals, Edwin E. Bryant, the Law of Pleading under the Codes of Civil Procedure, p. 1 (2nd Edn., 1899)....
lawful
lawful 1 a : being in harmony with the law [a judgment] [a purpose] b : constituted, authorized, or established by law [a duty] 2 : law-abiding [ citizens] law·ful·ly adv law·ful·ness n ...
Contrary to law and not according to law
Contrary to law and not according to law, a decision being 'contrary to law' as provided in s. 100(1)(a) of the Code of Civil Procedure is not the same thing as a decision being not 'according to law' as prescribed in the 1st proviso of s. 75(1) of the Act. The latter expression is wider in ambit than the former. It is neither desirable nor possible to give an exhaustive definition of the expression 'according to law'. The power given to the High Court under the Ist proviso to s. 75(1) of the Act is similar to that given to it under s. 25 of the Provincial Small Cause Courts Act, Malini Ayyappa Naicker v. Seth Monghraj Udhavdas Firm, (1969) 1 SCC 688: AIR 1969 SC 1344 (1346). [Provincial Insolvency Act, 1920, s. 75(1); Civil Procedure Code 1908, s. 100(1)(a)]...
Judge made law
Judge made law, there is in fact no such thing as Judge-made law, for the judges to not make the law, they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable, State of Gujarat v. Gordhandas Keshavji Gandhi, AIR 1962 Guj 128....
Criminal Law
Criminal Law. Consult Archbold's Criminal Pleading; Chitty's Statutes, tit. 'Criminal Law'; Stephen's Digest of the Criminal Law; Russell on Crimes; and see titles ARSON, ASSAULT, BURGLARY, EMBEZZLE-MENT, FALSE PRETENCES, LARCENY, MAN-SLAUGHTER, MURDER, RAPE, TREASON, and WOUNDING.The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishment for convicted offenders, Black's Law Dictionary, 7th Edn....
Equitable claims and defences at Common Law
Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such judgment on equitable grounds, by way of defence, and also enabled the plaintiff to avoid such defence by a replication upon equitable grounds. A plea on equitable grounds was good at Law only where an absolute and unconditional injunction wold be granted in Equity.The (English) Judicature Act, 1925, s. 36, and follow-ing sections, reproducing s. 24 of the (English) Judicature Act, 1873, has combined the jurisdiction of the Courts of Common Law and Equity so that legal and equitable remedies may be granted in the same Court but without affecting the nature of the rights. The object is to avoid multiplicity of actions and it does not confer a new jurisdiction (The James Westall, 1905, P., p. 51), and if there is any conflict or variance between the rules...
Hindu Law
Hindu Law, the word 'Hindu law' have to be understood in a broad sense, having regard to s. 2 of the Hindu Succession Act, 1956 which dealt with the applicability of that Act to any person who is a Hindu by religion, Yagnapurushodasji v. Muldas, AIR 1996 SC 1109. S. 7(1) of Joint Family Abolition Act and s. 4(1)(a) of the Hindu Succession Act are identical in words. The marumakkathayam law [the marumakkathayam system of inheritance means the system of inheritance by descent from a common ancestress. It is called a matrilineal system of inheritance and is somewhat different from the patrilineal system of inheritance in the various branches of Hindu Law] was contained in the Travancore Nair Act and other analogous statutes made by the Kerala Legislature. By virtue of Joint Family Abolition Act there was a repeal of the customary principles of marumakkhathyam law, if any saved under s. 44 of the Travancore Nair Act, Chellama Kamalamma v. Narayana Pillai Prabhakaran Nair, AIR 1993 Ker 146;...
Indian law
Indian law, 'Indian law' shall mean any Act, Ordin-ance, Regulation, rule (order, bye-law or other instrument) which before the commencement of the Constitution had the force of law in any Province of India or part thereof, or thereafter, has the force of law in any Part A State or Part C State or part thereof, but does not include any Act of Parliament of the United Kingdom or any Order in Council, rule or other instrument made under such Act. [General Clauses Act, 1897 (10 of 1897), s. 3(29)]...
Law Reform (UK)
Law Reform (UK). By the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), all causes of action shall with certain exceptions survive on the death (after the 24th July, 1934) of any person against or for the benefit of his estate. See actio personalis, and by s. 1(2) it is enacted:Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person the damages recoverable for the benefit of the estate of that person:-(a) shall not include any exemplary damages;(b) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;(c) where the death of that person has been caused by the act of omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.See Rose v. Ford, (1937) 53 TLR 873.The right...
Law of competence
Law of competence, means a law establishing and defining the powers of a government, official, including the circumstances under which the official's pronouncements constitute laws. Also termed power-delegating law, Black's Law Dictionary, 7th Edn., p. 893....
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