Judgment N O V - Law Dictionary Search Results

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judgment n.o.v.

judgment n.o.v. [Medieval Latin non obstante veredicto] judgment notwithstanding the verdict ...

Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...

Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...

Actus curiae neminem gravabit.

Actus curiae neminem gravabit. Jenk. Cent. 119.--(An act of the Court will hurt no person) See Broom's Leg. Max., citing Cumber v. Wane, (1719) 1 Str. 126; 1 Smith L. C., in which it was held that if one party to an action die during a curia advisari vult, judgment maybe entered nunc pro tunc--a principle recently applied in Ecroyd v. Coulthard, (1897) 2 Ch 554: (1898) 2 Ch 358.No act of Court should harm a litigant and it is the bounden duty of Courts to see that if a person is harmed by a mistake of the Court he should be restored to the position he would have occupied but for that mistake, Jang Singh v. Brij Lal, (1964) 2 SCR 145, (para 16); See Also CIT v. B. N. Bhattacharjee, (1979) 4 SCC 121: AIR 1979 SC 1725; Raj Kumar Dey v. Taropado Dey, (1987) 4 SCC 398; AIR 1987 SC 2195, Nand Kishore Morwah v. Samundri Devi, (1987) 4 SCC 382: AIR 1987 SC 2284, Atama Ram Mital v. Ishwar Singh, (1988) 4 SCC 284: AIR 1988 SC 2031; Mithilesh Kumari v. Prem Behari Khare, (1989) 2 SCC 95: AIR 1989...

Third party

Third party, means a person other than the citizen making a request for information and includes a public authority. [Right to Information Act, 2005 (22 of 2005), s. 2(n)]Means a person other than the person making a request for information and includes a public authority. [Freedom of Information Act, 2002, s. 2(i)]Means one who is not a party to a lawsuit, agreement, or other transaction but who is somehow involved in the transaction, someone other than the principal parties, Black's Law Dictionary, 7th Edn., p. 1489.The phrase used to introduce any one into a scene already occupied by two in a definite relation to one another, as principal and agent, guardian and ward, solicitor and client. See AS AGAINST, AS BETWEEN.As to third-party insurance of motor vehicles; by the (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), s. 35, users of motor vehicles are to be insured against third-party risks. See Part II. of the Road Traffic Act; the (English) Motor Vehicles (Third Party Ris...

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