Stay Order - Law Dictionary Search Results
Home Dictionary Name: stay order Page: 7Further relief
Further relief, further relief must be a relief, flowing directly and necessarily from the declaration sought and a relief appropriate to and necessarily consequent upon the right or title asserted, Babu Puri v. Kaln, AIR 2005 Raj 77.An injunction is a 'further relief' within the meaning of the s. 42 of the Specific Relief Act, 1877, C. Mohammad Yunus v. Syed Unnissa, AIR 1961 SC 808: (1960) 3 SCR 221...
Legacy
Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to the claims of creditors. There are four kinds of legacies:-(1) General, when it does not amount to a bequest of any particular thing or money, as distinguished from all others of the same kind; as if a testator give A. 50l. or a diamond ring, not referring to any particular diamond ring as distinguished from others. (2) Specific, when it is a bequest of a particular thing, or sum of money, or debt, as distinguished from all others of the same kind, as if a testator give B. 'my diamond ring.' (3) Demonstrative, when it is in its nature a general legacy, but there is a particular fund pointed out to satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more tha...
Letters-patent, or letters overt
Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...
Peace, Bill of
Peace, Bill of. This equitable remedy sought repose from perpetual and needless litigation, and protection from a multiplicity of suits, either by establishing and perpetuating a right which the plaintiff claimed and which, from its nature, might be controverted by different persons at different times and by different actions; or where separate attempts had already been unsuccessfully made to overthrow the same right, and justice required that the plaintiff should be quieted in the right if it was already, or if it should be thereafter, established under the direction of the Court. See Sheffield Waterworks v. Yeoman, (1866) LR 2 Ch 8; Kerr on Injunctions.The results obtained by this bill would now generally be obtained by an action in the High Court for a declaration of title and an injunction. See A.P. notes to (English) R.S.C., Ord. XXV., r. 4....
Libel
Libel [fr. libellus, Lat.; libelle, Fr.]. False defamatory words, if written and published, constitute a libel: Odgers on libel, p. 1. 'Everything printed or written, which reflects on the character of another, and is published without lawful justification or excuse, is a libel whatever the intention may have been', O'Brien v. Clement, (1846) 15 M & W 435, per Parke, B. A statement in a talking film is a libel and not merely a slander, Yossopoff v. Metro-Goldwyn-Mayer Picture Corporation, 78 Sol Jo 617. As to publication by dictation, etc., to a typist, see Osborn v. Boulter & Son, (1930) 2 KB 226. All contumelious matter that tends to degrade a man in the opinion of his neighbours, or to make him ridiculous, will amount (when conveyed in writing, or by picture, effigy, or the like, Monson v. Tussauds, Ltd., (1894)1 QB 671, to libel. A writing of fictitious character which incidentally contains the name of a real person may be a libel: see Jones v. Hulton & Co., 1910 AC 20, where Lord ...
Mark
Mark [fr. marc, Welsh; mearc, Sax.; merche, Dut.; marque, Fr.], a token; an impression; a proof; an evidence; licence of reprisals; also, formerly, a coin of the value of 13s. 4d.In commerce, a certain character struck or impressed on various kind of commodities, either to show the place where they were made, and the person who made them, or to witness that they have been viewed and examined by the officers charged with the inspection of manufacturers; or to show that the duties imposed thereon have been paid. It is also used to indicate the price of a commodity. If one use the mark of another to do him damage, an action on the case will lie, and an injunction may be obtained. See TRADE MARKS.Those who are unable to write, sign a cross, for their mark, when they execute any document. See MARKSMAN.It includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral shape of goods, packaging or combination of colours or any combination thereof. [Trade Marks Act, 19...
Motion
Motion, an occasional application to a Court in the progress of a cause, e.g., a motion for an injunction or the appointment of a receiver pending the trial of the action; or summarily and wholly unconnected with plenary proceedings, as a motion to rectify the register of a company.As to the notice of motion and procedure generally, see R.S.C., Ord. LII.Motion, every question to be decided by the House must be proposed by a member in the form of a motion, the motion is made by a member of the House and a question on it is put by the Chair. Thereupon the decision of the House is obtained, Parliamentary Practice, Erskine, May, 22nd Edn., 1997, p. 328.Motion, is a proposal made in the House of legisla-ture to elicit its decision on a subject, Office of the Speaker in the Parliament of Commonwealth, Wilding and Philip Laundy, p. 481.Motions, are usually expressed in affirmative, Parliamentary Dictionary, L.A., Abraham and S.C. Hawtrey, 1956, p. 122....
Coke, Sir Edward
Coke, Sir Edward, often, but incorrectly, styled Lord Coke, born in 1551, called to the Bar by the Inner Temple in 1578, counsel in Shelley's case (see that title), Speaker of the House of Commons, Solicitor-General and Attorney-General under Queen Elizabeth, knighted by James I. shortly after his accession in 1603, made Chief Justice of the Common Pleas in 1606 and of the King's Bench in 1613, 'taking particular delight,' writes Lord Campbell in his Lives of the Chief Justices, 'in styling himself ' Chief Justice of England,''was deprived of office and committed to the Tower by Charles I., for his support of the Petition of right. Coke was bitterly hostile to the injunction of equity. The controversy between Coke and Lord Ellesmere, the Chancellor, was acute. James I. referred the whole matter to Bacon, the Attorney-General, and others learned in the law. Acting upon the recommendations of this committee of counsel, James I. decided the matter in favour of Chancery. It should be menti...
Pendente lite
Pendente lite (during litigation).Administration pendente lite is sometimes granted when an action is commenced in the Probate Court touching the validity of a wall.An injunction may be granted to restrain a party from disposing of or dealing with property pendente lite. As to registration of a lis pendens, see LAND CHARGES....
Royal Arms
Royal Arms. There are two statutory provisions relating to the unauthorized use of the Royal Arms, namely, s. 68 of the Trade Marks Act, 1905 (see TRADE MARKS), which is as follows:-68. --If any person, without the authority of His Majesty, uses in connexion with any trade, business, calling, or profession, the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person without the authority of His Majesty or of a member of the Royal Family, uses in connexion with any trade, business, calling, or profession any device, emblem, or title in such manner as to be calculated to lead to the belief that he is employed by or supplies goods to His Majesty or such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem, or title, or is authorized by the Lord Chamberlain to take proceed...
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