Interlocutory Injunction - Law Dictionary Search Results
Home Dictionary Name: interlocutory injunction Page: 7Commandment
An order or injunction given by authority a command a charge a precept a mandate...
Claim in respect of personal injuries
Claim in respect of personal injuries, means claim for damages for personal injuries. The claim in a statement of claim is that part of the pleading where the relief sought is claimed, be it damages, injunction, specific performance, Burns v. Shuttlehurst, (1999) 1 WLR 1449....
Dissolve
Dissolve, to put an end to, cancel, abrogate, annul; applied to an injunction in Chancery; as discharge is to a rule nisi in Common Law. Dissolvo is the Latin for both verbs....
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...
Further relief
Further relief, further relief must be a relief, flowing directly and necessarily from the declaration sought and a relief appropriate to and necessarily consequent upon the right or title asserted, Babu Puri v. Kaln, AIR 2005 Raj 77.An injunction is a 'further relief' within the meaning of the s. 42 of the Specific Relief Act, 1877, C. Mohammad Yunus v. Syed Unnissa, AIR 1961 SC 808: (1960) 3 SCR 221...
Lawful possession
Lawful possession, is not litigious possession and must have some foundation in a legal right to possess the property which cannot be equated with a temporary right to enforce recovery of the property in case a person is wrongfully or forcibly dispossessed from it. Juridical possession is possession protected by law against wrongful dispossession but cannot perse always be equated with lawful possession, M.C. Chockalingam v. V. Manickavasagam, AIR 1974 SC 104 (110): (1974) 1 SCC 48: (1974) 2 SCR 143. [T.N. Cinemas (Regulation) Rules, 1957, R. 13]The term 'lawful possession' as defined in the Law Lexicon, Reprint Edition, 1987, by P. Ramanatha Aiyar at p. 712 as: The term 'lawful possession' is not convertible with 'innocent possession' in legal terminology. Intent does not enter into whether an act is unlawful or tortuous, though it does as to whether it is innocent or criminal. To establish 'lawful possession'.It is absolutely necessary for a party to prove with the documents which ca...
Mark
Mark [fr. marc, Welsh; mearc, Sax.; merche, Dut.; marque, Fr.], a token; an impression; a proof; an evidence; licence of reprisals; also, formerly, a coin of the value of 13s. 4d.In commerce, a certain character struck or impressed on various kind of commodities, either to show the place where they were made, and the person who made them, or to witness that they have been viewed and examined by the officers charged with the inspection of manufacturers; or to show that the duties imposed thereon have been paid. It is also used to indicate the price of a commodity. If one use the mark of another to do him damage, an action on the case will lie, and an injunction may be obtained. See TRADE MARKS.Those who are unable to write, sign a cross, for their mark, when they execute any document. See MARKSMAN.It includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral shape of goods, packaging or combination of colours or any combination thereof. [Trade Marks Act, 19...
Legacy
Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to the claims of creditors. There are four kinds of legacies:-(1) General, when it does not amount to a bequest of any particular thing or money, as distinguished from all others of the same kind; as if a testator give A. 50l. or a diamond ring, not referring to any particular diamond ring as distinguished from others. (2) Specific, when it is a bequest of a particular thing, or sum of money, or debt, as distinguished from all others of the same kind, as if a testator give B. 'my diamond ring.' (3) Demonstrative, when it is in its nature a general legacy, but there is a particular fund pointed out to satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more tha...
Letters-patent, or letters overt
Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...
Motion
Motion, an occasional application to a Court in the progress of a cause, e.g., a motion for an injunction or the appointment of a receiver pending the trial of the action; or summarily and wholly unconnected with plenary proceedings, as a motion to rectify the register of a company.As to the notice of motion and procedure generally, see R.S.C., Ord. LII.Motion, every question to be decided by the House must be proposed by a member in the form of a motion, the motion is made by a member of the House and a question on it is put by the Chair. Thereupon the decision of the House is obtained, Parliamentary Practice, Erskine, May, 22nd Edn., 1997, p. 328.Motion, is a proposal made in the House of legisla-ture to elicit its decision on a subject, Office of the Speaker in the Parliament of Commonwealth, Wilding and Philip Laundy, p. 481.Motions, are usually expressed in affirmative, Parliamentary Dictionary, L.A., Abraham and S.C. Hawtrey, 1956, p. 122....
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