Preliminary Decree - Law Dictionary Search Results
Home Dictionary Name: preliminary decree Page: 4Statutory Rules and Orders
Statutory Rules and Orders. Very numerous Acts of Parliament, especially those passed in recent years, empower the Sovereign in Council, some Govern-ment Department, or Courts of Justice, to make rules, having the same effect as the statute under which they are made, to regulate details left unprovided for by such statute. Thus, there are the Bankruptcy Rules regulating the practice under the Bankruptcy Acts; the Rules of the Supreme Court, regulating the practice of the High Court and the Court of Appeal; Orders of the Ministries of Health, Labour, etc., and Orders of the Ministry of Agriculture and Fisheries, under the (English) Diseases of Animals Act, 1894, and other Acts; and hundreds of other rules, orders, and regulations, in some cases requiring to be laid before Parliament, and in other cases not, and in some cases required to be published in the London, Edinburgh, or Dublin Gazette, and in others not.The (English) Rules Publication Act 1893 (56 & 57 Vict. c. 66), directs that...
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...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Decretal order
Decretal order, a Chancery order in the nature of a decree. See DECREE....
Injunction
Injunction, Expression 'injunction' in s. 41(b) is not qualified by an adjective and, therefore, it would, comprehend both interim and perpetual injunc-tion, Cotton Corporation of India v. United Industries Ltd., AIR 1983 SC 1272 (1277): (1983) 4 SCC 625. [Specific Relief Act, 1963, s. 41(b)]This is the discretionary process of preventive and remedial justice, whereby a person is required to refrain from doing a specified meditated wrong, not amounting to a crime. It is either (1) inter-locutory, i.e., provisional or temporary, until the coming in of the defendant's answer, or until the hearing of the cause; or (2) perpetual, i.e., forming part of a decree made at a hearing upon the merits, whereby the defendant is perpetually inhibited from the assertion of a right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post.See Specific Relief Act, 1963 (47 of 1963), s. 37.Prior to the Judicature Act injunctio...
ruling
ruling : an official or authoritative determination, decree, statement, or interpretation (as by a judge on a question of law) [followed a previous on the same question] see also revenue ruling compare decision, disposition, finding, holding, judgment, opinion, verdict ...
majority rule
The rule or doctrine that the numerical majority2 of an organized group can make decisions binding on the whole group as our club makes decisions by majority rule Contrasted with unanimous consent or decision by a decree of a single person or small committee forming part of an organization...
Decree
An order from one having authority deciding what is to be done by a subordinate also a determination by one having power deciding what is to be done or to take place edict law authoritative ruunrunr decision...
bill
bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...
Rules of Court
Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...
- << Prev.
- Next >>