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Judicial Decision - Law Dictionary Search Results

Home Dictionary Name: judicial decision Page: 4

Report

Report, A formal oral or written presentation of facts; a written account of a court proceedings and judicial decision, Black's Law Dictionary, 7th Edn., p. 1303....


Prospective overruling

Prospective overruling, implies an earlier judicial decision on the same issue which was otherwise final, Somaiya Organics (India) Ltd v. State of Uttar Pradesh, (2001) 5 SCC 519....


Market value

Market value, The term 'market value' has ac-quired a definite connotation by judicial decisions. Any addition to the value of the land to the owner whose land is compulsorily acquired which addition is the result of such factors as are unrelated to the open market cannot be regarded as a part of the market value, Union of India v. Shri Ram Mehar, AIR 1973 SC 305: (1973) 2 SCR 720: (1973) 1 SCC 109.Market value means the price that a willing purchaser would pay to a willing seller for the property having due regard to its existing condition with all its existing advantages and its potential possibilities when laid out in the most advantageous manner excluding any advantages due to the carrying out of the scheme for which the property is compulsory acquired, Thakur Kanta Prasad Singh v. State of Bihar, AIR 1976 SC 2219: (1976) 3 SCC 772: (1976) 3 SCR 585; Prithvi Raj Taneja v. State of Madhya Pradesh, AIR 1977 SC 1560: (1977) 1 SCC 684: (1977) 2 SCR 633. (Land Acquisition Act, 1894, s. ...


Abjudge

Abjudge, means to take away or remove something by judicial decision, Black Law Dictionary, 7th Edn., p. 4....


Incorporated Law Society

Incorporated Law Society, now termed the Law Society, was founded by Mr. Bryan Holme in 1825, and incorporated in 1831 by Royal Charter; this was surrendered for a new Charter in 1845, by which, as amended by Supplemental Charters in 1872, 1903, and 1909, the Society now remains constituted. The Society was incorporated 'to facilitate the acquisition of legal knowledge, and for better and more conveniently discharging the professional duties of the members of the Society,' under the full title of 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practicing in the Courts of Law and Equity of the United Kingdom'; since the charter of 1903 it has been officially (as before them commonly) called 'The Law Society.'The Society first instituted lectures for students in 1833, and was made registrar of attorneys and solicitors in 1843 by the (English) Solicitors Act, 1843 (6 & 7 Vict. c. 73), s. 21.On the decay of the Inns of Chancery, which in their later aspect ...


Domesday, or domesday-book

Domesday, or domesday-book [liber judiciarius vel censualis Angli', Lat.], an ancient record made in the time of William the Conqueror, and now kept at the Record Office, consisting of two volumes, a greater and lesser; the greater containing a survey of all the lands in England except the counties of Northumberland, Cumberland, Westmorland, Durham, and part of Lancashire, which it is said, were never surveyed; and excepting Essex, Suffolk, and Norfolk, which three last are comprehended in the lesser volume. There is also a third book, which differs from the others in form more than in matter, made by command of the same king. And there is a fourth book called Domesday, which is only abridgement of the others. The question whether lands are ancient demesne or not is to be decided by the Domesday of William I., whence there is no appeal. The addition of day to this Dome-book was not meant for an allusion to the final day of judgment, as most persons have conceived, but was to strengthen...


Declaration of title

Declaration of title. Obtainable by action in a case where an invasion of title is apprehended, and the party threatened wishes to proceed under a title validated by judicial decision. See R.S.C. Ord. XXV., r. 5....


Code

Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or...


Church

Church, includes any chapel or other building generally used for public Christian worship. (Christian Marriage Act, 1872, s. 3)--The Church of England is a distinct branch of Christ's Church, and is also an institution of the State (see the first clause of Magna Carta), of which the sovereign is the supreme head by Act of Parliament (1 Eliz. c. 1), but in what sense is not agreed. According to Sir Wiliam Anson, the sovereign is head of the Church, 'not for the purpose of discharging and spiritual function, but because the Church is the National Church, and as such is built into the fabric of the State' (Law and Custom of the Constitution). 'The establishment of the Churchby law,' says Lord Selborne, 'consists essentially in the incorporation of the law of the Church into that of the realm, as a branch of the general law of the realm, though limited as to the causes to which, and the persons to whom it applies; in the public recognition of its Courts and Judges, as having proper legal j...


Audi alteram partem rule

Audi alteram partem rule, is not cast in a rigid mould and judicial decisions establish that it may suffer situational modifications. The core of it must, however, remain, namely, that the person affected must have a reasonable opportunity of being heard and the hearing must be a genuine hearing and not an empty public relations exercise, Chota Lal Mehta v. State of Rajasthan, AIR 1980 Raj 123....



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