Statutory Rules And Orders - Law Dictionary Search Results
Mandamus
issue to Crown or any public servant acting as the agent of the Crown unless there is a Statutory liability, Commentary on the Constitution of India, D.D. Basu, 6th Edn., Vol. II, p. 281. Means a command. … 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. 49-69. By the (English) Justices Protection Act, 1848 (11 … 5, the Court may, in lieu of a mandamus, grant a rule ordering justices to do any act appertaining to their office, and the (English)
omnibus clause
coverage for those who use the vehicle with the express or implied permission of the insured see also statutory omnibus clause
equity
of law originating in the English chancery and comprising a settled and formal body of substantive and procedural rules and doctrines that supplement, aid, or override common and statutory law [the judicial power shall extend to all cases,
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Certiorari
obtain the previous leave of the court to issue it, and enter into recognizances; and these and other statutory provisions are incorporated in the Crown Office Rules, 1906, Rules 12-39, superseding Rules 28-42 of the Rules of … bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners,
Tenant
possession after the termination of his tenancy but shall not include any person against whom any decree or order for eviction had been made by a court of competent jurisdiction, A.C. Estates v. Serajuddin and Co., AIR
Natural justice
natural justice was alleged, courts in England used to ascertain whether the impugned action was taken by the statutory authority or tribunal in the exercise of its administrative or quasi-judicial power. In India also, this was the … Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These … AIR 1967 SC 1269]; wherein it was held that even an administrative order or decision in matters involving civil consequences, has to be made consistently
Priority
1926 subsisting and future mortgages of the equity of redemption of a legal estate in its new and statutory meaning, i.e., a fee simple or a term of years absolute, but not mortgages of life interests or … and time of creation of the equitable interest and subject to the formalities required for the transfer. Special rules as to the persons, if any, to whom notice must be given and, in their absence, for the … comparison with another less ancient; also that which is before another in order of time. As to priority among creditors, see (English) Admin-istration of Estates
Interpretation Act, 1889 (English)
to the Sovereign for the time being, and this Act shall be binding on the Crown (s. 30). Statutory powers to make rules, etc., may be exercised from time to time, and the power to make rules, … confers power to make any appointment, to make, grant, or issue any instrument, that it to say, any Order in Council, order, warrant, scheme, letters-patent, rules, regulations, or bye-laws, to give notices, to prescribe forms or to
Actio personalis moritur cum persona.
that actions of tort are destroyed by death of either the injured or the injuring party. Besides the statutory exceptions mentioned below, an action may be brought by the personal representatives of a deceased person for injury … or the other die, the action is gone' (Noy, 9th Edn., p. 20). This maxim states the general rule that actions of tort are destroyed by death of either the injured or the injuring party. Besides the
Per incuriam
Per incuriam, are those decisions given in ignorance or forgetfulness of some inconsistent (sic) statutory provision or of some authority binding on the court concerned, so that in such case some part of … practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it rendered, 'in ignoratium of a … 602: 1988 SCC (Cri) 372. Per incuriam, through want of care. An order of the Court obviously made through some mistake or under some misapprehension
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