Rule 10b 5 - Law Dictionary Search Results
Home Dictionary Name: rule 10b 5Rule 10b-5
Rule 10b-5 [10b-5 from the section of the Securities Exchange Act of 1934 pursuant to which the rule was formulated] : a rule adopted by the Securities and Exchange Commission in furtherance of the Securities Exchange Act that outlaws fraud, deceit, misrepresentation, and manipulation in securities dealing in broad terms ...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
Rule of law
Rule of law, executive instructions cannot override the provisions of law, such a method will destroy the very basis of the rule of law, Muna Lal Jain v. State of Assam, AIR 1962 SC 386.Rule of law, is an absolute supremacy and predominance of regular law as opposed to the influence of arbitrary power; equality before the law or the equal subjection of all classes to the ordinary law courts, constitution is the result of the ordinary law of the land, Introduction to the Study of the Law of Constitution, A.V. Dicey, 2003, pp. 202-203.Means an authoritative legal doctrine, principle or precept applied to the facts of an appropriate case, Wright v. Wright, 904 P 2d 403 (1995).Rule of law, the binding character of judgments pronounced by courts of competent jurisdiction is itself an essential part of the rule of law, and the rule of law obviously is the basis of the administration of justice on which constitution lays emphasis, Daryo v. State of Uttar Pradesh, AIR 1961 SC 1457.Rule of law,...
Dearle v. Hall
Dearle v. Hall. The rule which takes its name from this case, reported 1823, 3 Russ. 1, originated with the bankruptcy rule conferring the priority of assignments of choses in action according to the date of notice to the debtor by the assignment, Ryall v. Rowles, 1 Ves Sess 348. Before 1926 the rule was that the priority of equitable assignments of debts and other choses in action was determined by priority in date of notice to the trustees or other owners of the legal interest in the property assigned, see Ward v. Duncombe, 1893 AC 369. The rule did not extend to equitable interests in land except to proceeds of land held on trust for sale, see Lloyd's Bank v. Pearson, (1901) 1 Ch 685, and QUI PRIOR EST TEMPORE POTIOR EST JURE. S. 137 of the Law of Property Act, 1925, has extended the rule to dealings with equitable interests in land, capital money (see s. 205(1)(xxvi.) of the Act), and securities representing capital money effected after 1925. To effect priority among competing assi...
rule
rule 1 a : a prescribed guide for conduct or action b : a regulating principle or precept 2 a : an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed [a directing the district court to show cause why its ruling should not be vacated "People v. District Court, 797 P.2d 1259 (1990)"] b : a usually judicially promulgated regulation having the force of law that governs judicial practice or procedure [s of evidence] [s of appellate procedure] see also rule of court c : rule of law 3 : all or part of a statement (as a regulation) by an administrative agency that has general or particular applicability and future effect and that is designed to implement, interpret, or prescribe law or policy or that describes the organization, procedure, or practice of the agency itself [a subject to statutory notice and comment requirement...
Rule
Rule, is made in exercise of a power conferred by any enactment; also includes a regulation made as a rule under any enactment. [General Clauses Act, 1897, s. 3(51)]Rule, made under an Act having statutory force, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 539.Means an order or directive issued by a court in a particular proceeding especially upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed, People v. District Court, 797 P 2d 1259 (1990).Rule, under clause [51] of s. 3 of the General Clauses Act, 1897 'rule' means a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment, Sukhdev Singh v. BhagatramSardar Singh Raghuvanshi, AIR 1975 SC 1331: (1975) 1 SCC 421: (1975) 3 SCR 619.Rule shall means a rule made in exercise of a power conferred by any enactment and shall include a regulatio...
Best evidence rule
Best evidence rule, is rule of evidence in order to prove what is said or pictured in a writing, recording, or photograph the original must be privileged unless the original is lost, destroyed, or otherwise, unobtainable, Webster's Dictionary of Law, Indian Edn. (2005), p. 49.Best evidence rule, is the rule when the judges and sages of the law have laid down that there is but one general rule of evidence, the best that the nature of the case will allow, Omychnd v. Barker, (1745) 1 Atk 21.Best evidence rule, means the rule requires in effect that the best or most direct evidence of a fact should be adduced or its absence accounted e.g. the best evidence of the existence of the contents of a letter i.e. its production in court. The rule no longer applies as the court admits all relevant evidence, Kajaal v. Nable, (1982) 75 Cr App 149....
Class II service
Class II service, the words 'Class II service' in Rule 8 (2) of the Haryana Service of Engineers Class I P.W.D. (Irrigation Branch) Rules,1964 must bear the same meaning as the expression 'Class II service' as defined in Rule 2 (5). The artificial definition of 'Class II service' introduced by amendment of Rule 2 (5) in 1975 was obviously to bring persons who were not Assistant Engineers i.e. members of Class II service within the zone of consideration for purposes of promotion the post of Executive Engineer under Rule 6 (b) of Class I Rules, Ashok Gulati v. B.S. Jain, 1986 Supp SCC 597: (1987) 1 SCR 603: AIR 1987 SC 424 (431)....
Contingent remainder
Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate itself, and may be conveyed to trustees; and that, when it is conv...
Time requisite for obtaining copy of the decree
Time requisite for obtaining copy of the decree, the expression 'time requisite for obtaining copy of decree' includes the time taken by the court to prepare the decree before an application for the copy of decree is made, State of Bihar v. Md. Ismail, AIR 1966 Pat 1 (6). (Limitation Act, 1963, s. 12)The expression 'time requisite' in the phrase in question, means all the time counted from the date of the pronouncement of the judgment (the same being under Or. 20, r. 7, CPC, 1908 the date of the decree) which would be properly required for getting a copy of the decree, including the time which must ex necessities elapse in the circumstances of the particular case, before a decree is drawn up and signed, Lala Balmukand v. Lajwanti, AIR 1975 SC 1089: (1975) 1 SCC 725: (1975) Supp SCR 44....
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