Interlocutory - Law Dictionary Search Results
Home Dictionary Name: interlocutory Page: 4Definitive Sentence
Definitive Sentence, the final judgment of a spiritual Court, in opposition to provisional or interlocutory judgment....
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
Costs incidental to any proceeding
Costs incidental to any proceeding, the expression 'costs incidental to any proceeding' similarly means costs or interlocutory applications, etc. such costs as have been determined thereon, at the conclusion of the hearing, State of Punjab v. Ram Kumar, AIR 1957 SC 276 (278): 1957 SCR 220. [Civil Procedure Code (1908), s. 35]...
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Cause or matter
Cause or matter, the words 'cause' and 'matter' are often used in juxtaposition, but they have different meanings. 'Cause' means any action or any criminal proceedings and 'matter' means any proceedings in court not in a cause. When used together, the words 'cause or matter' cover almost every kind of proceeding in court, whether civil or criminal, whether interlocutory or final, and whether before or after judgment, Union Carbide Corporation v. Union of India, (1991) 4 SCC 584 (626). [Constitution of India, Art. 142(1)]...
Interlocutory
Interpolated discussion or dialogue...
motion
motion [Anglo-French, from Latin motion- motio movement, from movēre to move] 1 : a proposal for action ;esp : a formal proposal made in a legislative assembly [made a to refer the bill to committee] 2 a : an application made to a court or judge to obtain an order, ruling, or direction [a to arrest judgment] ;also : a document containing such an application b : the initiative of a court to issue an order, ruling, or direction [the court is given discretion to order a pretrial conference either on its own or at the request of a party "J. H. Friedenthal et al."] motion for judgment on the pleadings : a motion made after pleadings have been entered that requests the court to issue a judgment at that point compare summary judgment at judgment NOTE: Under the Federal Rules of Civil Procedure, if matters outside of the pleadings are presented to the court when a motion for judgment on the pleadings is made, the motion will be treated as a motion for summary judgment. motion f...
final
final 1 : ending a court action or proceeding leaving nothing further to be determined by the court or to be done except execution of the judgment but not precluding appeal used of an order, decision, judgment, decree, determination, or sentence see also finality, final judgment rule compare interlocutory 2 : being a decision that precludes the right to appeal or to continue a case in any other court upon the merits: as a : being a decision for which availability of appeal has been exhausted and concerning which a writ of certiorari has been denied or the time to petition for certiorari has expired b : being a decision of the Supreme Court of the U.S. that terminates the litigation between parties on the merits and leaves nothing for the lower court to do in case of an affirmance except to execute the judgment 3 : being the last in a series, process, or progress [a payment] ...
direct appeal
direct appeal 1 : an appeal from an order of a three-judge court granting or denying an interlocutory or permanent injunction that may be taken directly to the U.S. Supreme Court under title 28 section 1253 of the U.S. Code 2 : direct review ...
decision
decision : an authoritative determination (as a decree or judgment) made after consideration of facts or law ;also : a report or document containing such a determination see also memorandum decision compare disposition, finding, holding, judgment, opinion, ruling, verdict NOTE: A decision, while being an authoritative determination of a disputed issue, does not have to be a final determination closing the case. Some interlocutory decisions may be appealed. de·ci·sion·al [-zhə-nəl] adj ...
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