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Home Dictionary Name: in order to Page: 4Statutory Rules and Orders
Statutory Rules and Orders. Very numerous Acts of Parliament, especially those passed in recent years, empower the Sovereign in Council, some Govern-ment Department, or Courts of Justice, to make rules, having the same effect as the statute under which they are made, to regulate details left unprovided for by such statute. Thus, there are the Bankruptcy Rules regulating the practice under the Bankruptcy Acts; the Rules of the Supreme Court, regulating the practice of the High Court and the Court of Appeal; Orders of the Ministries of Health, Labour, etc., and Orders of the Ministry of Agriculture and Fisheries, under the (English) Diseases of Animals Act, 1894, and other Acts; and hundreds of other rules, orders, and regulations, in some cases requiring to be laid before Parliament, and in other cases not, and in some cases required to be published in the London, Edinburgh, or Dublin Gazette, and in others not.The (English) Rules Publication Act 1893 (56 & 57 Vict. c. 66), directs that...
Reception order
Reception order. No person, not being a a rate-aided poor person or a person of unsound mind so found by inquisition, can be received or detained as a per-son of unsound mind except under the authority of (1) a reception order, or (2) an urgency order (q.v.), or (3) a summary reception order (q.v.) [(English) Lunacy Act, 1890, ss. 1, 9, 13]. Ss. 21 and 22 provide exceptions in the case of emergency, etc., and of friends and relatives taking charge. A reception order can only be made by a judicial authority, i.e., a justice of the peace specially appointed, a county court judge, a stipendiary magistrate, or by two commissioners in lunacy (ibid., ss. 1, 9, 10 and 23). It is only effective for one year unless extended [(English) Lunacy Act, 1891, s. 7), and by s. 36 (3) of the Act, 1890, it ceases to be of any force unless the patient has been received thereunder before the expiration of seven days from its date. As to the reception of feebleminded and mentally defective persons, see the ...
Charging order
Charging order, an order obtained from a court or judge under the (English) Judgments Acts, 1838 and 1840 (1 & 2 Vict. c. 110), s. 14, and (3 & 4 Vict. c. 82), s. 1, and (English) R. S.C. 1883, Ord. XLVI., charging the stocks or funds of a judgment debtor with the judgment debt.Solicitor's Costs.--The (English) Solicitors' Act, 1932 (22 & 23 Geo. 5, c. 37), s. 69, enables any court in which a solicitor has been employed to prosecute or defend a suit to make a charging order in favour of the solicitor of the successful party for his taxed costs upon the property 'recovered or preserved' through the instrumentality of such solicitor, and the court may make such orders for taxation of and for raising and payment of such costs out of the property as shall appear just and proper, and all conveyances and acts done to defeat, or which shall operate to defect, such charge, unless made to a bona fide purchaser for value without notice, will be absolutely void as against th charge; but no such o...
Peremptory mandamus
Peremptory mandamus, a second mandamus, which issues where the return which has been made to the first writ is found either insufficient in law or false in fact. To this writ no other return will be admitted, but a certificate of perfect obedience and due execution. See MANDAMUS; and as to 'peremptory mandamus' in the first instance, to hold a municipal election, see (English) Municipal Corporations Act, 1882, s. 225 (8), repealed by the Local Government Act, 1933....
Making of the order
Making of the order, an order may be taken to be made on the date it came into existence, if the nature of the order is such that it is not necessary to communicate it to anyone. If an order is made which affects the rights of a person, then the order must be communicated to such person in order to be complete and effective, Nripendra N. Majumdar v. N.M. Bardhan, AIR 1959 Cal 219 (221). (Calcutta Municipal Act, 1951)...
Decree for money or other property
Decree for money or other property, a 'decree' for declaration of title to money or other property is not a decree for money or other property. The expression 'decree for money or other property' means only a decree for recovery of money or other property. It does not include a decree concerning title to money or other property, State of Uttar Pradesh v. Ramkrishan Burman, (1970) 1 SCC 80: AIR 1971 SC 87 (89). [Court-fees Act, (7 of 1870), s. 7(iva)(UP)]...
Provisional Order
Provisional Order, an order by a Government department, called 'provisional' because it is of no force unless and until it is confirmed by Act of Parliament. In some cases, these orders are to have effect unless petitioned against or objected to by Parliament.Procedure by provisional order has been increasingly and necessarily used in modern times for a very great variety of purposes; but the tendency in these orders to confer arbitrary powers upon the executive without appeal or with an appeal to the same executive exclusively has been severely commented upon by the judiciary and publicists: see LORD HEWARI, L.C.J., and next title....
Vesting Order
Vesting Order. The Court of Chancery had, and the Chancery Division of the High Court of Justice now has, the power of making orders passing the legal estate in property without a conveyance. Also commissioners appointed by several modern statutes have power, by vesting order, to transfer legal estates without the necessity of a deed of transfer, e.g., Charity Commissioners, or Board of Education.Vesting Orders may be made under the Law of Property Act, 1925, see s. 9 and passim; Trustee Act, 1925, ss. 44 et seq.; Settled Land Act, 1925, ss. 12 and 16; Administration of Estates act, 1925, ss. 38 and 43. As to Vesting Orders in Lunacy, see Lunacy Act, 1890, ss. 135-140; and Trustee Act, 1925, s. 54. Consult Seton on Judgments; Dan. Ch. Pr....
Step in aid of execution of the decree
Step in aid of execution of the decree, the expression 'step in aid of execution of the decree' not defined in the Limitation Act nor is it capable of a precise or exhaustive definition. It will have to be construed in the light of the facts and circum-stances in each case and the present case is indeed a peculiar one with litigation raised on two fronts; the parties with diametrically opposite avowed objects one (namely, the appellant) to execute and reap the fruit of the foreclosure decree and the other (namely, the respondent, judgment-debtor's son) seeking the assistance of the court to completely nullity the very decree in order to maintain his title to and possession of the suit property, Prem Raj v. Ram Charan, AIR 1974 SC 968: (1974) 3 SCR 494: (1974) 2 SCC 1. (Limitation Act, 1908, Art. 182)...
Stay order
Stay order, the stay of operation of an order only means that the order which has been stayed would not be operative from the date of passing of the stay order and it does not mean that the said order has been wiped out from existence, Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association, (1992) 3 SCC 1: AIR 1992 SC 1439 (1444). (Constitution of India, Art. 226)...
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