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Home Dictionary Name: in order to Page: 3 Page 3 of about 3,284 results (0.009 seconds)Decree nisi
Decree nisi. By the (English) Judicature Act,1925, s. 183(1) every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material not having been brought before the Court, and in any such case the Court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. Only in special circumstances will the period be shortened. See Osburne v. Osburne, (1926) 70 Sol Jo 388. See Browne on Divorce; Chitty's Statutes, tit. 'Matrimonial Causes.'...
Knowledge of the decree
Knowledge of the decree, the expression 'knowledge of the decree' in Art. 164 means knowledge of the particular decree which is sought to be set aside. When the summons was not duly served, limitation under Art. 164 does not start running against the defendant because he has received some vague information that some decree has been passed against him. It is a question of fact in each case whether the information conveyed to the defendant is insufficient to impute to him knowledge of the decree within the meaning of Art. 164. The test of the sufficiency is not what the information would mean to a stranger, but what it meant to the defendant in the light of his previous dealings with the plaintiff and the facts and circumstances known to him. If from the information conveyed to him the defendant has knowledge of the decree sought to be set aside, time begins to run against him under Art. 164. It is not necessary that a copy of the decree should be served on the defendant. It is sufficien...
Deliverance, second, writ of
Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by this judgment from proceeding, for he may sue out the judicial writ of second deliverance, in execution of which the sheriff must again take the goods from the defendant and deliver them to the plaintiff, or the writ will operate in the sheriff's hand as a supersedeas of the writ de retorno habendo, if the latter writ has not as yet been executed. The proceedings upon this writ are the same as in ordinary cases of replevin, and if the defendant have judgment either upon verdict, demurrer, or of non pros., it is for a return irreplevisable, and he shall have a writ de retorno habendo, which being executed, the plaintiff cannot have any further writ of deliverance, 2 Chit. Arch. Prac. See REPLEVIN....
Delivery order
Delivery order, a delivery order is an order by the owner of goods directing the person who holds them on his behalf to deliver them to the person named in the order, Jaggilal K. Pratapmal Rameshwar, AIR 1978 SC 389 (396). [Sale of Goods Act, 1930, s. 2(4)]--A writing directed to the bailee of goods mentioned in the order requesting him to deliver over the goods to the person named in the order. Such an order is a 'document of title' within the (English) Factors Act, 1889 (52 & 53 Vict. c. 45), s. 1 (4), and the (English) Sale of Goods Act, 1893 (56 & 57 Vict.c. 71), s. 62(1). See Chitty's Statutes, tits. 'Factors' and 'Goods.' As to the effect on innocent parties of a delivery order which is fradulent, see Union Credit Bank v. Mersey Docks, (1899) 2 QB 205; Farquharson Bros. v. King, 1902 AC 325....
Interim orders/interlocutory orders
Interim orders/interlocutory orders, passed during the pendency of a case, fall under one or the other of the following categories:(i) Orders which finally decide a question or issue in controversy in the main case.(ii) Orders which finally decide an issue which materially and directly affects the final decision in the main case.(iii) Orders which finally decide a collateral issue or question which is not the subject-matter of the main case.(iv) Routine orders which are passed to facilitate the progress of the case till its culmination in the final judgment.(v) Orders which may cause some inconvenience or some prejudice to a party, but which do not finally determine the rights and obligations of the parties, Midnapore Peoples' Co-op. Bank Ltd. v. Chunilal Nanda, AIR 2006 SC 2190. Civil Procedure Code, 1908, O. 39, r. 1...
Restitution, Writ of
Restitution, Writ of. If the judgment below was reserved in a court of error, the plaintiff in error might have had a writ of restitution in order that he might be restored to all he had lost by the judgment. If execution on the former judgment had been actually executed, and the money paid over, the writ of restitution issued without any previous scire facias quare restitutionem non, suggesting the matter of fact, viz., the sum levied, etc., must have previously issued. Error is now abolished (Jud. Act, 1875, Ord. LVIII., r. 1). And, generally, if money, etc., be levied under a writ of execution, and the judgment be afterwards reversed or set aside, the party against whom the execution was sued out may have his writ of restitution; but where the judgment is set aside for irregularity, etc., restitution (when necessary) forms part of the rule; and if the goods or money be not restored, the Court will grant an attachment. A writ of restitution may also be awarded when a judgment in ejec...
Judgment decree or final order
Judgment decree or final order, in order that a decision should fall within the definition of the word 'judgment' or 'final order' (1) it must finally decide the rights of the parties and the word 'judgment' means a final judgment and not an interlocutory judgment, and by which right to the relief claimed is decided with regard to all matters in issue, and (2) an order is final if it finally disposes of the rights of the parties and if it does not, it is not final even though it may decide a vital issue in the case, Sardar Kapur Singh v. Union of India, AIR 1957 Punj 173. CPC, 1908, Order 20, Rules 1, 6A....
Protection order
Protection order, means an order made in term of section 18. [Protection of Women From Domestic Violence Act, 2005, s. 2(o)]Protection Order. 1. A wife deserted by her husband may obtain from a magistrate or the Divorce Court an order to protect property acquired and to be acquired by her since desertion, as if she were a feme sole; after the order is granted, she sues and is sued as a feme sole. The husband may apply to the magistrate who made the order, or his successor, for the discharge thereof, 20 & 21 Vict. c. 85, s. 2; 27 & 28 Vict. c. 44, s. 1; 28 & 29 Vict. c. 43 (Ireland). See DESERTION; MARRIED WOMEN'S PROPERTY. 2. An order obtained under s. 88 of the Licensing Act, 1910, from the justices authorizing the transferee of a justices' licence to carry on business and to sell intoxicating liquors until the next licensing sessions....
Time requisite for obtaining copy of the decree
Time requisite for obtaining copy of the decree, the expression 'time requisite for obtaining copy of decree' includes the time taken by the court to prepare the decree before an application for the copy of decree is made, State of Bihar v. Md. Ismail, AIR 1966 Pat 1 (6). (Limitation Act, 1963, s. 12)The expression 'time requisite' in the phrase in question, means all the time counted from the date of the pronouncement of the judgment (the same being under Or. 20, r. 7, CPC, 1908 the date of the decree) which would be properly required for getting a copy of the decree, including the time which must ex necessities elapse in the circumstances of the particular case, before a decree is drawn up and signed, Lala Balmukand v. Lajwanti, AIR 1975 SC 1089: (1975) 1 SCC 725: (1975) Supp SCR 44....
Receiving order
Receiving order. An order of the court on the petition of a creditor, or of the debtor himself, granted for the protection of the estate on an act of bankruptcy being established. The order con-stitutes the official receiver the receiver of the debtor's property. Legal proceedings against the person or property of the debtor in respect of debts provable in bankruptcy can thenceforth be restrained by the official receiver. The effect of the order is that unless a scheme or composition is accepted by the creditors the debtor is adjudged bankrupt. See (English) Bankruptcy Act, 1914, ss. 3, 7, 37 (2), 107(4), and (English) Bankruptcy Rules, 1915, rr. 179-188A. Receiving orders in bankruptcy, whether or not known to affect land, must be registered at the Land Registry every five years or else the title of the trustee in bankruptcy will be void against a purchaser of a legal estate in good faith for money or money's worth without notice of an available act of bankruptcy under a conveyance ma...
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