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Ruling - Law Dictionary Search Results

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Marriage has been dissolved by decree of divorce

Marriage has been dissolved by decree of divorce, Phrase 'marriage has been dissolved by decree of divorce' in s. 15 of the Hindu Marriage Act, 1955 means where the relationship of marriage has been brought to an end by intervention of Court by a decree. This decree will include a decree under s. 11, 12 or 13, Lata Kamat v. Vilas AIR 1989 SC 1477 (1481): (1989) 2 SCC 613: (1989) 2 SCR 137. [Hindu Marriage Act, 1955, s. 15]...


Step in aid of execution of the decree

Step in aid of execution of the decree, the expression 'step in aid of execution of the decree' not defined in the Limitation Act nor is it capable of a precise or exhaustive definition. It will have to be construed in the light of the facts and circum-stances in each case and the present case is indeed a peculiar one with litigation raised on two fronts; the parties with diametrically opposite avowed objects one (namely, the appellant) to execute and reap the fruit of the foreclosure decree and the other (namely, the respondent, judgment-debtor's son) seeking the assistance of the court to completely nullity the very decree in order to maintain his title to and possession of the suit property, Prem Raj v. Ram Charan, AIR 1974 SC 968: (1974) 3 SCR 494: (1974) 2 SCC 1. (Limitation Act, 1908, Art. 182)...


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 ...


Attaching decree-holder

Attaching decree-holder, An attaching decree-holder is a representative of the judgment-debtor and any previous decision binding on the judgment-debtor is also binding on the attaching decree-holder, Ram Sewak v. Bahal, AIR 1935 All 888; Radharani v. Binodamoyee, AIR 1942 Cal 92....


Ruling

Ruling, means the outcome of a court's decision either on some point of law or on the case as a whole, Black's Law Dictionary, 7th Edn., p. 1334.Ruling, signify the outcome of applying a legal test when that outcome is one of relatively narrow Impact. The immediate effect is to decide an issue in a single case. This meaning contrast, for example, with the usual meaning of 'legal rule'. The term rule ordinarily refers to a legal proposition of general application. A ruling may have force as precedent, but ordinarily it has that force because the conclusion it expresses (for example 'objection sustained') explicitly depends upon and implicitly reiterates a 'rule' -- a legal proposition of more general application--..', Judging 67-68, 1990, By Robert E. Keeton....


Ruling Chief

Ruling Chief, the expression 'Ruling Chief' has not been defined in the Act and must therefore by understood as in common parlance. The meaning of the word 'ruler' as given in Shorter Oxford English Dictionary, 3rd Edn., Vol. 2, p. 1867 is: 'One who, or that which, exercise rule, especially of supreme or sovereign kind.' Normally the expression 'Ruling Chief' connotes 'a person who is endowed with the content of sovereignty and also has the attributes of a sovereign'. According to Black's Law Dictionary, 5th Edn., p. 1252 (See now 7th Edn. P. 1402) the legal conception of 'sovereignty' is stated thus: The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of reg...


Ruling

Predominant chief reigning controlling as a ruling passion a ruling sovereign...


Preliminary decree

Preliminary decree, a preliminary decree is one which declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceedings, Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande, AIR 1995 SC 1211 (1212)....


Declaratory decree

Declaratory decree, a binding declaration of right in equity without consequential relief, which might be made under the (English) Chancery Procedure Act, 1852 (15 & 16 Vict. c. 86), ss. 50, 51; but this Act was very narrowly construed. The powers of the Court have since been greatly extended by Ord. XXV., r. 5, and actions can now be brought merely to declare rights, Ellis v. Duke of Bedford, (1899) 1 Ch 515, though the jurisdiction is exercised with great caution.A declaration which is of no practical use to plaintiff ought not to be granted.A decree which simply declares the rights of the parties or express the opinion of the court on any question without ordering to be done [S. 7(iv)(c), Court-Fees Act.]...


Bench ruling

Bench ruling, means an oral ruling on a case given by the judge while still on the bench, Webster's Dictionary of Law, Indian Edn. (2005), p. 47....



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