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Petition - Law Dictionary Search Results

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notice of action

notice of action A Department of Homeland Security, U. S. Citizenship and Immigration Services (USCIS) immigration form, Notice of Action, Form I-797 that says that USCIS has received a petition you submitted, taken action, approved a petition or denied a petition. Source: Department of State. March 2007. ...


principal applicant

principal applicant The person named in the petition. For example, an American citizen may file a petition for his married daughter to immigrate to the United States. His daughter will be the principal applicant, and her family members will get visas from her position. They will get derivative status. Or a company may file a petition for a worker. The worker is the principal applicant. Family members get derivative status. Source: Department of State. March 2007. ...


proceeding

proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...


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...


True copy

True copy, a 'true copy' means a copy which is wholly and substantially the same as the original. Where therefore, there are insignificant or minimal mistakes, the court may not take notice thereof, Mithilesh Kumar Pandey v. Baidyanath Yadav, AIR 1984 SC 305 (307): (1984) 2 SCC 1: (1985) 2 SCR 278.The object of serving a 'true copy' of an election petition and the affidavit filed in support of the allegations of corrupt practice on the respondent in the election petition is to enable the respondent to understand the charge against him so that he can effectively meet the same in the written statement and prepare his defence. The requirement is, thus, of substance and not of form, T.M. Jacab v. C. Poulose, (1999) 4 SCC 274 (290): AIR 1999 SC 1359. [Representation of the People Act, 1951, s. 81(3)]A true copy is a transcript identical to or substitute to the original but no absolutely exact copy. But nobody can by any possibility, misunderstand it to be not a true copy, Shipra v. Shanti L...


Suppliant

Suppliant, the actor in, or party preferring, a petition of right. See PETITION DE DROIT....


Relief

Relief, legal remedy for wrongs, etc.; charitable assistance.A payment made by an heir of a feudal tenant to the feudal lord for privilege of succeeding to ancestor's tenancy, Black's Law Dictionary, 7th Edn., p. 1293.In the feudal law a payment made to the lord by the tenant coming into possession of an estate held under him. Abolished with other feudal grievances.Relief with respect to Election Offences. If a candidate at a parliamentary or municipal election has become responsible in respect of an election offence committed unwittingly, or which he has taken all reasonable means to prevent, he can apply or relief at the trial of an election petition, or if no petition is on the record, to the High Court, under Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), the application being usually to a Divisional Court; see Shaw v. Reckitt, (1893) 1 QB 779; 2 QB 59; and as to municipal elections under the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, ...


Receiving order

Receiving order. An order of the court on the petition of a creditor, or of the debtor himself, granted for the protection of the estate on an act of bankruptcy being established. The order con-stitutes the official receiver the receiver of the debtor's property. Legal proceedings against the person or property of the debtor in respect of debts provable in bankruptcy can thenceforth be restrained by the official receiver. The effect of the order is that unless a scheme or composition is accepted by the creditors the debtor is adjudged bankrupt. See (English) Bankruptcy Act, 1914, ss. 3, 7, 37 (2), 107(4), and (English) Bankruptcy Rules, 1915, rr. 179-188A. Receiving orders in bankruptcy, whether or not known to affect land, must be registered at the Land Registry every five years or else the title of the trustee in bankruptcy will be void against a purchaser of a legal estate in good faith for money or money's worth without notice of an available act of bankruptcy under a conveyance ma...


Nient comprise

Nient comprise (not contained), an exception taken to a petition, because the thing desired was not contained in the deed or proceeding upon which the petition was founded, Jac. Law Dict....


Fresh application

Fresh application, an application made after 12 years from the date of the decree would be a fresh application within the meaning of s. 48 of the Code of Civil Procedure, if the previous application was finally disposed of. It would also be a fresh application if it asked for a relief parties or properties different from those proceeded against in the previous execution petition or asked for a relief substantially different from that asked for in the earlier petition, Pentapati China Venkanna v. Pentapati Bangaraju, AIR 1964 SC 1454 (1458). (Civil PC, 1908, s. 48)...



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