Special Rules - Law Dictionary Search Results
Special Leave to Appeal
Special Leave to Appeal, in England, the judicial committee of the Privy Council possesses the power to grant special leave to appeal, a petition for special leave lies where the court below lacks the power to grant leave to appeal or possessing that power has declined to exercise that power, in criminal cases, leave is granted only when some substantial or gross injustice has been done; in civil cases, on a question of general interest or public importance, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305.Is exercisable outside the purview of the ordinary law relating to appeal and in cases where needs of justice demand interference by the highest court of the land; to be exercised only under exceptional circumstances, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305.The Supreme Court of India possesses the power to grant special leave to appeal from any judgment, decree, determination, sentence or order in any caus...
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
Occupancy
Occupancy, mere possession or use either by agreement or otherwise without other claim (if any) to the ownership or enjoyment of property, also taking possession of land to which no one else lays claim or without leave of the owner.The right of occupancy has been confined by the laws of England within a very narrow compass, e.g., where a person was tenant pur autre vie, or had an estate granted to himself only (without mentioning his heirs) for the life of another man, and died without alienation, during the life of the cestui que vie, or him by whose life it was holden; in this case, he that entered first on the land was called the occupant or common occupant and might lawfully retain the possession so long as the cestui que vie lived, by right of occupancy, see Re Michell, Moore v. Moore, (1892) 2 Ch 96. The title of common occupancy is now, in effect abolished, for it is enacted by the Wills Act, 1837, s. 3, that an estate pur autre vie, of whatever tenure, and whether it be an inco...
No appeal has been preferred
No appeal has been preferred, the words 'no appeal has been preferred in Order 47, Rule 1(a) would also mean a situation where special leave is not granted. Till then there is no appeal in the eye of law before the Superior Court. The review can be preferred in the High Court before special leave is granted, but not after it is granted. Once special leave is granted the jurisdiction to consider the validity of the High Court's order vests in the Supreme Court and the High Court cannot entertain in review thereafter, unless such a review application was preferred in the High Court before special leave was granted, Kunhayamned v. State of Kerala, (2000) 6 SCC 359: AIR 2000 SC 2587 (2600). (Constitution of India, Article 226)...
general appearance
general appearance : a court appearance by which a party submits to the jurisdiction of the court esp. by asking for any relief other than a ruling that the court has no jurisdiction over the appearing party compare special appearance NOTE: General and special appearances are not used in the federal courts or in state courts that follow the Federal Rules of Civil Procedure. ...
Enlargement or abridgement of time
Enlargement or abridgement of time, Order VI, r. 2(14) of the Supreme Court Rules, 1966 speaks of applications for enlargement or abridgement of time. Here the words 'enlargement or abridgement of time' take in applications for enlargement of time appointed by the Rules. The significant feature in the Rules is that applications for condonation of delay in filing special leave petition are excepted from the business of a Chamber Judge. The natural presumption is that but for the exception the Rule would have included also applications for condonation of delay in filing special leave petitions. Any application for con-donation of delay in filing petition of appeal is included in application for enlargement or abridge-ment of time, C.I.T., Bombay City v. R.H. Pandit, Managing Trustees of Trust, Bombay (1974) 2 SCC 627: AIR 1974 SC 2269: (1975) 2 SCR 7....
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....
Specially denatured spirit
Specially denatured spirit, Rule 1(iii) provides that specially denatured spirit means rendered unfit for human consumption in such manner as may be prescribed by the Emise Commissioner by notification in this behalf and does not include ordinary denatured spirit for general use, State of Uttar Pradesh v. Synthetics and Chemicals Ltd., AIR 1980 SC 614 (616): (1980) 2 SCC 441. [U.P. Excise Act, 1910 (4 of 1910)]...
Default summons
Default summons, a procedure in the county courts for the summary recovery of a debt or liquidated demand. These summonses are of two kinds: (i.) Ordinary Default Summonses; and (ii.) Special Default Summonses. (i.) an Ordinary Default Summons is only applicable to liquidated demands between 2l. and 10l., and is not available against a working-class defendant, except in the case of a trade debt, where the claim exceeds 5l. The plaintiff can sign judgment after eight days from service if the defendant has failed to give notice of defence stating the facts upon which he relies. (ii.) A Special Default Summons is only applicable to liquidated demands over 10l., and cannot be issued against a working-class defendant, except for a trade debt incurred by him. The plaintiff can sign judgment as in (i.) unless the defendant has filed an affidavit of defence within eight days. A special default summons corresponds to the Order XIV. Procedure of the High Court.See (English) County Court Rules, 1...
Administrative law
Administrative law, is a separate body of rules relating to administrative authorities and officials, applied in special administrative court. Dicey's Law of the Constitution, 1st Edn. 1885. Dicey's Law of Constitution, 10th Edn., p. 330. See also Re Grosvenor Hotel, London, (No. 2), 1965 Ch D 1210 at p. 1261: (1964) 3 All ER 354; Re Racal case of Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147: (1969) 1 All ER 208 (HL); Breen v. Amalgamated Engineering Union, (1971) 2 QB 175: (1971) 1 All ER 148.Administrative law is understood to mean the law relating to the discharge of functions of a public nature in government and administration. It includes the law relating to functions of public authorities and officers and of tribunals, judicial review of the exercise of those functions, the civil liability and legal protection of those purporting to exercise them and aspects of the means whereby extra-judicial redress may be obtainable at the instance of persons aggrieved. H...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- Next ›
- Last »