Leading Object Rule - Law Dictionary Search Results
Home Dictionary Name: leading object ruleleading object rule
leading object rule : main purpose rule ...
main purpose rule
main purpose rule : a doctrine in contract law: a promise to pay the debt of another need not be in writing to be enforceable if the promisor was motivated by a desire for advantage or benefit called also leading object rule; compare statute of frauds ...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
objection
objection 1 : an act or instance of objecting ;specif : a statement of opposition to an aspect of a judicial or other legal proceeding [file an to a proposed bankruptcy plan] 2 : a reason or argument forming the ground of an objection NOTE: Objections at trial are generally made for the purpose of opposing the admission of improper evidence. Such an objection must be made in a timely manner. Objections prevent the jury from seeing or hearing the evidence and preserve the issue for appeal. Objections may also be made on the ground of the opposing counsel's improper methods (as leading a witness) or for other technical reasons. ...
Leading question
Leading question, a question which suggests to a witness the answer which the party examining desires. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question (Indian Evidence Act, 1872, s. 141). See Best on Evidence; Powell on Evidence. Such questions are not allowed to be put except in cross-examination, except as to matter not in dispute, and preliminary inquires, name and address, etc., of witnesses.It is not easy to lay down any precise general rule as to what are leading questions; on the one hand, it is clear that the mind of the witness must be brought into contact with the subject of inquiry; on the other, that he ought not to be prompted to give a particular answer, or to be asked any question to which yes or no would be conclusive. But how far it may be necessary to particularise, in framing the question, must depend upon the circumstances of each particular case.If a witness by his conduct show himself decided...
Leading cases
Leading cases. A case so frequently followed as to become invested with peculiar authority is termed a 'leading case.' The leading cases on important points of law were collected and published by Mr. John William Smith with copious notes in1837, and a similar collection on points of equity, by Messrs. White and Tudor, in 1849. See also RULING CASES....
Illegal, incorrect or irregular decree and void decree
Illegal, incorrect or irregular decree and void decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings. All irregular or wrong decrees or orders are not necessarily null and void. An erroneous or illegal decision, which is not void, cannot be objected in execution or collateral proceedings, B...
Ruling
Ruling, means the outcome of a court's decision either on some point of law or on the case as a whole, Black's Law Dictionary, 7th Edn., p. 1334.Ruling, signify the outcome of applying a legal test when that outcome is one of relatively narrow Impact. The immediate effect is to decide an issue in a single case. This meaning contrast, for example, with the usual meaning of 'legal rule'. The term rule ordinarily refers to a legal proposition of general application. A ruling may have force as precedent, but ordinarily it has that force because the conclusion it expresses (for example 'objection sustained') explicitly depends upon and implicitly reiterates a 'rule' -- a legal proposition of more general application--..', Judging 67-68, 1990, By Robert E. Keeton....
Step in aid of execution of the decree
Step in aid of execution of the decree, the expression 'step in aid of execution of the decree' not defined in the Limitation Act nor is it capable of a precise or exhaustive definition. It will have to be construed in the light of the facts and circum-stances in each case and the present case is indeed a peculiar one with litigation raised on two fronts; the parties with diametrically opposite avowed objects one (namely, the appellant) to execute and reap the fruit of the foreclosure decree and the other (namely, the respondent, judgment-debtor's son) seeking the assistance of the court to completely nullity the very decree in order to maintain his title to and possession of the suit property, Prem Raj v. Ram Charan, AIR 1974 SC 968: (1974) 3 SCR 494: (1974) 2 SCC 1. (Limitation Act, 1908, Art. 182)...
Ruling cases
Ruling cases, cases having much the same character and effect as Leading Cases (see that title)....
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