In Order To - Law Dictionary Search Results
Home Dictionary Name: in order to Page: 5 Page 5 of about 3,284 results (0.006 seconds)Marriage has been dissolved by decree of divorce
Marriage has been dissolved by decree of divorce, Phrase 'marriage has been dissolved by decree of divorce' in s. 15 of the Hindu Marriage Act, 1955 means where the relationship of marriage has been brought to an end by intervention of Court by a decree. This decree will include a decree under s. 11, 12 or 13, Lata Kamat v. Vilas AIR 1989 SC 1477 (1481): (1989) 2 SCC 613: (1989) 2 SCR 137. [Hindu Marriage Act, 1955, s. 15]...
Perpetual injunction
Perpetual injunction, an injunction which finally disposes of the suit, and is indefinite in point of time; as opposed to an injunction ad interim, i.e., until the trial or further order. See INJUNCTION....
Notified order
Notified order, means an order notified in the Official Gazette. [Essential Commodities Act, 1955 (10 of 1955), s. 2(c)]--the term 'notified order' which is defined as meaning 'an order notified in the official Gazette' is wide enough to cover special as well as general orders relating to the matters specified in s. 3, Santosh Kumar Jain v. State, AIR 1951 SC 201(202). [Essential Supplies (Temporary Powers) Act, s. 3(i)]...
Decree of affirmance
Decree of affirmance, in determining the question as to whether the appellate decree passed by the High Court affirmed the decision of the trial Court the appellate decree must be considered as a whole in relation to the decision of the trial Court similarly considered as a whole. If there is a variation made in the appellate decree in the decision of the trial court it is not a 'decree of affirmance' and this is not affected either by the extent of the variation made or by the fact that the variation is made in favour of the intending appellant and not against him, T. Rajaram v. T. Radhakrishnayya, AIR 1961 SC 1795 (1801): (1962) 2 SCR 452. [Civil Procedure Code (5 of 1908), s. 110]...
Ground-writ
Ground-writ. Before the C.L.P. Act, 1852, a ca. Sa. (capias ad satisfaciendum, (q.v.) or fi. fa. (fieri facias, q.v.) could not be issued into a county different from that in which the venue in the action was laid, without first issuing a writ called a ground-writ into the latter county, and then another writ, which was called a testatum writ, into the former. The 121st s. of that Act abolished this useless process. See EXECUTION....
Original Writ or Original
Original Writ or Original [breve originale, Lat.], was the beginning or foundation of a real action at Common Law. It is also applied to processes for some other purposes.It was a mandatory letter issuing out of the Common Law or ordinary jurisdiction of the Court of Chancery (see now CHANCERY), under the Great Seal, and in the sovereign's name, addressed to the sheriff of the county where the injury was committed, containing a summary statement of the cause of complaint, andrequiring him to command the defendant to satisfy the claim, and, on his failure to comply, then to summon him to appear in one of the superior Courts of Common Law. In some cases it simply required the sheriff to enforce the appearance. Original writs differed from each other in their tenor, according to the nature of the plaintiff's complaint, and were conceived in fixed and certain forms. Many of these are of a remote antiquity; others are of later origin, and their history is as follows:-The ancient writs had p...
Order in Council
Order in Council, an order made by the Sovereign 'by and with the advice of His Majesty's Privy Council.' Such orders are now largely used for the purpose of completing the Administrative part of Acts of Parliament. The Government of the day is responsible for them, and they are usually issued in a complete form from the administrative department concerned, the authorization by the Privy Council being a mere formality. As pointed out by Lord Parker in The Zamora (1916) 2 AC 90, neither the King in Council nor any branch of the Executive has power to prescribe or alter the law by Order in Council, save when expressly authorized by statute. See STATUTORY RULES....
Writ of quo warranto
Writ of quo warranto, a writ of quo warranto is a writ which lies against the person, who according to the relator is not entitled to hold an office of public nature and is only a usurper of the office. It is the person, against whom the writ of quo warranto is directed, who is required to show, by what authority that person is entitled to hold the office, B.R. Kapur v. State of Tamil Nadu, (2001) 7 SCC 231 (315)....
Writ of certiorari
Writ of certiorari, certiorari jurisdiction can be exercised only for correcting errors of jurisdiction committed by inferior Courts or Tribunals. A writ of certiorari can be issued only in the exercise of supervisory jurisdiction which is different from appellate jurisdiction. The writ jurisdiction extends only to cases where orders are passed by inferior Courts or Tribunals in excess of their jurisdiction or as a result of their refusal to exercise jurisdiction vested in them or they act illegally or improperly in the exercise of their jurisdiction causing gave miscarriage of justice, Swarn Singh v. State of Punjab, (1976) 2 SCC 868 (872): AIR 1976 SC 232. (Constitution of India, Art. 226)...
Temporary injunction or interlocutory injunction
Temporary injunction or interlocutory injunction, means such injunction may be granted at any period of a suit and are regulated by Code of Civil Procedure, 1908....
- << Prev.
- Next >>