in Rem Jurisdiction - Page 3 - Law Dictionary

Defect of jurisdiction

Defect of jurisdiction, where the expression as a whole reads 'from defect of jurisdiction or other cause of a like nature, is unable to entertain it', the expression 'cause of a like nature' will have to be read ejusdem generis with the expression 'defect of jurisdiction', Zafar Khan v. Board of Revenue, 1984 (Supp) SCC 505: AIR 1985 SC 39: (1985) 1 SCR 287. (Limitation Act, 1963, s. 14)...

Service out of the jurisdiction

Service out of the jurisdiction of a writ of summons may be allowed by the Court or a judge in certain specified cases, e.g., where the contract sued upon was entered into within the jurisdiction, etc., R.S.C. 1883, Ord. XI. And see ibid. for restriction upon the allowance of such service upon a defendant resident in Scotland or Ireland. As to service of a summons, ordr, or notice, see r. 8A. As to the exercise of discretion in giving leave, see Watson & Sons v. Daily Record, Ltd., (1907) 1 KB 853. There can be no service out of the jurisdiction except in the particular cases mentioned in Ord. XI., which forms a complete code on the subject....

Summary jurisdiction, Court of

Summary jurisdiction, Court of, 'means' in an Act of Parliament 'any justice or justices of the peace, or other magistrate by whatever name called, to whom jurisdiction is given by, or who is authorized to act under, the (English) Summary Jurisdiction Acts' (Interpretation Act, 1889, s. 13, sub-s. 11); but does not include justices at a licensing meeting: see Boulter v. Kent Justices, 1897, AC 556, reversing and overruling decisions of the Court of Appeal....

pendent party jurisdiction

pendent party jurisdiction see jurisdiction ...

Vicountiel jurisdiction

Vicountiel jurisdiction, that jurisdiction which belongs to the officers of a county, as sheriffs, commoners, etc....

Jurisdiction of suspicion

Jurisdiction of suspicion, Provision for preventive detention, in itself, is a departure from ordinary norms. It is generally resorted to either in times of war or apprehended internal disorders and disturbances of a serious nature. Its object is to prevent a greater danger to national security and integrity than any claim which could be based upon a right, moral or legal, to individual liberty. It has been aptly described as a 'jurisdiction of suspicion', Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207 (1295): (1976) 2 SCC 521: (1976) Supp SCR 172....

Cyber space jurisdiction

Cyber space jurisdiction, contract with the out-of-state party alone could not establish jurisdiction. It is to court to consider electronic contract. Electronic contracts with computer data base located in the forum state are insufficient to establish personal jurisdictions, Bhrger King Corp. v. Rudze Wicz, (1985) 47 1 US 462; Preskap, Inc v. System One, Direct Access, Inc, 636 SO 2d 1351 (Fla. Dist. Ct. App. 1994); Panavision v. Toeppan, 938 F Supp 616 (C.D. Cal 1996)....

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