Matrimonial Causes - Law Dictionary Search Results
Home Dictionary Name: matrimonial causes Page: 2Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
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...
Collusion
Collusion [fr. collusio, Lat., fr. colludo, to unite in the same play or game, and thus to unite for the purposes of fraud or deception], an agreement or compact between two or more persons to do some act in order to prejudice a third person, or for some improper purpose. Collusion in judicial proceedings is a secret agreement between two persons that the one should institute a suit against the other, in order to obtain the decision of a judicial tribunal for some sinister purpose, and appears to be of two kinds: (1) When the facts put forward as the foundation of the sentence of the Court do not exist; (2) When they exist, but have been corruptly preconcerted for the express purpose of obtaining the sentence. In either case the judgment obtained by such collusion is a nullity. See Duchess of Kingston's case, (1776) 2 Sm. L.C. Collusion between the petitioner and either of the respondents in presenting or prosecuting a suit for dissolution of marriage is a bar to such suit by the Judic...
Decree nisi
Decree nisi. By the (English) Judicature Act,1925, s. 183(1) every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material not having been brought before the Court, and in any such case the Court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. Only in special circumstances will the period be shortened. See Osburne v. Osburne, (1926) 70 Sol Jo 388. See Browne on Divorce; Chitty's Statutes, tit. 'Matrimonial Causes.'...
Divorce
Divorce [fr. divortium, Lat.], the dissolution of the marriage contract, grantable (after 31st December, 1937) to either a husband or wife under the (English) Matrimonial Causes Act, 1937 (1 Edw. 8 & 1 Geo. 6, c. 51), amending the (English) Judicature Act, 1925, for (a) adultery, (b) desertion for three years preceding petition, (c) cruelty, (d) incurable unsoundness of mind, and, on the wife's petition, for unnatural offences, subject to the statutory provisions. Petitions may not be presented for three years after marriage.Judicial Separation is grantable on any ground available for divorce, or for non-compliance with a decree for restitution of conjugal rights or any former ground for divorce a mensa et thoro (q.v.); divorce may be obtained on proof of facts which have founded a judicial separation or an order under the Summary Jurisdiction Acts, which order may be made for adultery as well as other grounds. See JUDICIAL SEPARATION.Additional grounds for a decree of nullity of marri...
Supreme Court of Judicature
Supreme Court of Judicature. By Judicature Act, 1925, s. 1, there shall be a Supreme Court of Judicature in England consisting of His Majesty's High Court of Justice (referred to as the High Court), and His Majesty's Court of Appeal (referred to as the Court of Appeal).Formerly, by the (English) Supreme Court of Judicature Act, 1873, ss. 3 and 4 (amended by (English) Jud. Act, 1875, s. 9), it was enacted that from the commencement of that Act (November 1, 1875: see Judicature Act, 1875, s. 2) the court of Chancery of England, the Court of Queen's Bench, the Court of Common Pleas at Westminster, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court for Divorce and Matrimonial Causes, should be united and consolidated together, and should constitute one Supreme Court of Judicature in England; the said Supreme Court to consist of two permanent Divisions, being 'Her (now His) Majesty's High Court of Justice' and 'Her (now His) Majesty's Court of Appeal.'S...
High Court of Justice
High Court of Justice. The (English) Judicature Act, 1925, has replaced with amendments the Judicature Act, 1873 (36 & 37 Vict. c. 66). The earlier Act abolished the former Superior Courts of Law and Equity, and in their place established a Supreme Court of Judicature (see that title), consisting of the High Court of Justice and the Court of Appeal. The High Court is now a Superior Court of Record, and has vested in it, by s. 16 of the Act of 1873, amended by ss. 9 and 33 of the Judicature Act, 1875, the jurisdiction formerly exercised by the following Courts, viz.: '(1) The High Court of Chancery; (2) The Court of King's Bench; (3) The Court of Common Pleas at Westminster; (4) The Court of Exchequer; (5) The Court of Admiralty; (6) The Court of Probate; (7) The Court for Divorce and Matrimonial Causes; (8) The Court of Common Pleas at Lancaster; (9) The Court of Pleas at Durham; (10) The Courts created by Commissions of Assize, of Oyer and Terminer, and of Gaol Delivery, or any such C...
Rem, Judgment in
Rem, Judgment in, is an adjudication pronounced upon the status of some particular subject-matter by a tribunal having competent jurisdiction and concluding all persons (not merely the parties to the proceedings) from saying that the status of the thing adjudicated upon was not such as declared by the adjudication, Rex. v. Hartington, 4 E&B 780; and see Castrique v. Imrie, 8 CBNS (1) 405 and LR 4 HL 414. Where a Court rei sit' has control over the thing and jurisdiction to decide as to its dis-position, the adjudication is conclusive against the world, see opinion of judges, per Blackburn J., in the House of Lords, supra. The chief instances are in the Admiralty Courts; foreign judgments, declar-ing status of a ship; or in the matrimonial causes, etc.; grants of probate or administration; con-demnation of goods by a competent tribunal, Geyer v. Aquilar, 7 TR 696; and as to highways, Wakefield Corporation v. Cooke, 1904 AC 31. See The Duchess of Kingston's case, and notes thereto, 2 Sm....
Newspaper
Newspaper, means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)]The essential pre-requisite of a periodical work containing public news or comments on public news, P.S.V. Iyer v. Commissioner of Sales Tax, AIR 1960 Ori 221 (223). (Orissa Sales Tax Act, 1947)Any paper to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)][s. 81, Indian Evidence Act]The expression 'newspaper' as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act includes not merely 'public n...
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...
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