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Naturalization Application - Law Dictionary Search Results

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Equitable estates and interests

Equitable estates and interests, Rights relating to property of which the legal ownership is vested in another person, or in the equitable owner himself in another capacity. The rights arise whenever a person obtains a title to have the property or an estate or interest in it vested in himself, e.g., by contract or by any conveyance or assignment which does not by law transfer or vest the legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and equity, to the property, and he alone was responsible for the obligations and incidents attaching to the property, the beneficial owner merely having a personal right inequity to force the legal owner to carry out his obligation or trust, but the rights and obligations of beneficial ownership became recognized and affected by statute. The Statute of Uses turned the beneficial right or...


Scale of Costs

Scale of Costs. By Rules made by Order in Council, dated the 12th August, 1875, a new scale of costs for the Supreme Court was provided, and these Rules were reenacted in 1883. There is a higher and a lower scale, applicable respectively to the matters specified in the Rules; but costs on the higher scale 'may be allowed . . . if on special grounds arising out of the nature and importance or the difficulty or urgency of the case, the Court or a judge shall . . so order' (Ord. LXV., r. 9). Scales of costs are also provided by the County Court Rules: the respective scales are applicable according to the amount recovered or in dispute, or the nature of the proceedings. See COSTS....


Interlocutory order

Interlocutory order, it has to be construed in con-tradiction to or in contrast with final order. It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule 6, CPC, 1908)The term 'interlocutory order' in S. 397(2) of the 1973 Code (Cr. P.C.) has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 ...


Mandamus

Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...


Criminal Charge

Criminal Charge, that in determining whether proceedings for condemnation constituted a 'criminal charge' for the purpose of Article 6 of the convention the court had to consider, Regina (Mudie) v. Dover Magistrates' Ct (CA), (2003) 2 WLR 1344.The court concludes as did the chamber that the nature of the charges together with the nature and severity of the penalties, were such that the charges against the applicants constituted criminal charges with in the meaning of Article 6 of the Convention which article applied to their adjudication hear-ings, R. (Napier) v. Home Secretary (QBD), (2004) 1 WLR 3056. [Human Rights Act, 1998, Art. 6]Possesses an autonomous meaning in the European Court of Human Rights jurisprudence. It is also true that the first of the three criteria, that is the domestic classification of the proceedings, is treated as no more than a starting point, Regina (Mudie) v. Dover Magistrates' Ct, (2003) LR 1238 QB (CA)....


Process and processing

Process and processing, the natural meaning of the word 'process' is a mode of treatment of certain materials in order to produce a good result, a species of activity performed on the subject matter in order to transform or reduce it to a certain stage. According to Oxford Dictionary one of the mean-ings of the word 'process' is 'a continuous and regular action or succession of actions taking place or carried on in a definite manner and leading to the accomplishment of some result.' The activity contemplated by the definition is perfectly general requiring only the continuous or quick succession. It is not one of the requisites that the activity should involve some operation on some material in order to effect its conversion to some particular stage. There is nothing in the natural meaning of the word 'process' to exclude its application to handling. There may be a process which consists only in handling and there may be a process which involves no handling or not merely handling but u...


Casuistry

The science or doctrine of dealing with cases of conscience of resolving questions of right or wrong in conduct or determining the lawfulness or unlawfulness of what a man may do by rules and principles drawn from the Scriptures from the laws of society or the church or from equity and natural reason the application of general moral rules to particular cases...


biomedicine

The application of the principles and techniques of the natural sciences especially biology to investigate and solve problems in clinical medicine...


Christian Socialism

Any theory or system that aims to combine the teachings of Christ with the teachings of socialism in their applications to life Christianized socialism esp the principles of this nature advocated by F D Maurice Charles Kingsley and others in England about 1850...


Caution

Caution, a species of bail; security. When used in this sense, the word is pronounced 'cayshon.'--Scots Law. In England, any warning. A prisoner or accused person is 'cautioned' before making a statement, that such statement may be used in evidence upon his trial.Caution.--Under the (English) Land Registration Act, 1925, ss. 54 to 56, is a notice to the Registrar in the nature of a caveat to the effect that the cautioner is entitled to be served with a notice of any application for the registration of an interest in registered land affecting the cautioner. Registration, as a rule, will to be effected until a reasonable time (usually 14 days) has elapsed after service of notice, or the cautioner has entered an appearance. Cautions may be lodged against first registration to protect unregistered mortgages, contracts for purchase, the vesting of equitably settled estates and other purposes. Cautions to protect unregistered mortgages under s. 106 of the (English) L. R. Act, 1925, confer a ...



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