Letter Claus - Law Dictionary Search Results
Home Dictionary Name: letter clausLetter-claus
Letter-claus (liter' claus'), close letter, so called in contradistinction to letters-patent, because the former is commonly sealed up with the royal signet, or privy seal; whereas letters-patent are left open and sealed with the broad seal....
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Quamdiu se bene gesserit
Quamdiu se bene gesserit (as long as he shall behave himself well), a clause frequent in letters-patent or grants of certain offices, as that of judge or recorder, to secure them so long as the persons to whom they are granted shall not be guilty of abusing them-the opposite clause being durante bene placito (during the pleasure of the grantor), as that of town clerk, which office is held during the pleasure of the town council....
A court immediately below
A court immediately below. The expression 'a court immediately below' and a court subordinate to the High Court have different meanings, and are, therefore, not one and the same. The test for determining whether an aggrieved party has a right to appeal, other conditions being fulfilled, is not whether the judgment is of a court subordinate to the High Court but whether the judgment is of a court immediately below, and that a Single Judge of the High Court hearing a proceeding either as a court of original jurisdiction or in exercise of appellate jurisdiction is a court immediately below the Division Bench which hears an appeal against his judgment under the relevant clause of the Letters Patent, A. Rangaswamy Iyengar v. Pattammal, AIR 1971 SC 658 (659): (1971) 1 SCC 274....
Court immediately below and Court subordinate to the High Court
Court immediately below and Court subordinate to the High Court, the expressions 'a Court immediately below' and 'a Court subordinate to the High Court' had different meanings, and were therefore not one and the same. The test for determining whether an aggrieved party has a right to appeal, other conditions being fulfilled, is not whether the judgment is of a Court subordinate to the High Court but whether the judgment is of a court immediately below and that a single Judge of the High Court hearing a proceeding either as a Court of original jurisdiction or in exercise of appellate jurisdiction is a Court immediately below the Division Bench which hears an appeal against his judgment under the relevant clause of the Letters Patent, A. Rangaswamy Iyengar v. Pattamal, AIR 1971 SC 658 (659). [Constitution of India, Art. 133(1)(a)]...
At the earliest
At the earliest, where clause (a) of Rule 50(5) the Triple Benefit Scheme Rules (for employees of aided educational institutions of Karnataka) requiring the employee to give 3 months' notice in writing and clause (h) of Rule 50(5) requiring the employee to seek approval for curtailment of the notice period, the letter asking for permission to take voluntary retirement 'at the earliest' meant after period of 3 months, K.L.E. Society v. Dr. R.R. Patil, (2002) 5 SCC 278 (283)....
Non-obstante
Non-obstante (notwithstanding), a licence from the Crown to do that which could not be lawfully done without it. Also, a clause frequent in statutes and letters-patent, importing a licence from the Crown to do a thing, which by Common Law might be done, but, being restrained by Act of Parliament, could not be done without such licence, Plowd. 501.But the doctrine of non-obstante, which sets the prerogative above the law, was effectually demolished by the Bill of Rights at the Revolution of 1688, which enacts that no dispensation, by non obstante of or to any statute, or any prt thereof, shall be allowed, but that the same shall be held void and of none effect, except a dispensation be allowed in such statute.A non-obstante clause is a legislative device usually employed to give overriding effect to certain provisions over some contrary provisions that may be found either in the same enactment or some other enactment, that is to say, to avoid the operation and effect of all contrary pro...
Proxy
Proxy, a person appointed, usually by written authority, by a person entitled to vote personally, to vote at the discretion of the proxy. See Harben v. Phillips, (1883) 23 Ch D p. 35.As to voting by proxy under the (English) Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), see sections 76, 77 of that Act; amended in the case of a company being shareholder, by the Companies Clauses Acts, 1888 and 1889.A letter 'for the sole purpose of appointing or authorizing a proxy to vote at any one meeting at which votes may be given by proxy, whether the number of persons named in such instrument be one or more,' must bear a penny stamp, must specify the day on which the meeting is to be held, and is to be available only at the meeting so specified, and any adjournment thereof [(English) Stamp Act, 1891, and First Schedule]. The Standing Orders of Parliament (L.S.O. 62 and C.S.O. 62) prohibit the sending out of stamped proxies in connection with extension bills. Directors, acting in ...
Writing
Writing, in any Act of Parliament, shall, unless the contrary intention appears, be construed as including printing, lithography, photography, and other modes of representing or reproducing words in a visible form, Interpretation Act, 1889, s. 20.Expression referring to 'writing' shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form. [General Clauses Act, 1987 (10 of 1987), s. 3(65)]Writing, includes decoration lettering ornamentation, etc., produced by stencil. [Rajasthan Appropriation (No. 3) Act, 2005, s. 2(f)]Writing, shall be construed as including reference to printing lithography, photography and other modes or representing or reproducing words in a visible form. See General Clauses Act, 1897, s. 3(65), Vikram Singh v. Shri Ram, AIR 1995 MP 140....
N.L
N.L. The Roman judges, after hearing a clause (case), if think it is not sufficient to pronounce the judgment. Use these two letters N.L. i.e. Non-Liquet See NON LIQUET....
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