Void Decree Illegal Decree - Law Dictionary Search Results
Home Dictionary Name: void decree illegal decree Page: 10Transaction
Transaction, includes a decree, as a decree may, under certain circumstances create the relationship of lender and borrower, Radha Kishen Chamria v. Keshardeo Chamria, AIR 1954 Cal 105: (1953) 92 Cal LJ 197.Transaction, is a group of acts so connected together as to be referred to by a single legal name as a crime, a contract, a wrong or any other subject of inquiry which may be in issue, A.N. Mukerji v. State, AIR 1969 All 489: 1969 Cr LJ 1203.Transaction, is something already done and com-pleted; a 'proceeding' either something which is now going on, or if ended, is still contemplated with reference to its progress on successive stages. A transaction in the ordinary sense of the words, means some business or dealing which is carried on, or transacted between two or more persons. A transaction is something which has been concluded between persons by a cross or reciprocal action, as it were, Channoo Mehta v. Jang Bhadur Singh, AIR 1957 Pat 293: 1956 BLJR 197.Means 'carrying through' an...
Qabzadar
Qabzadar, was in old settlement decrees frequently used loosely to cover either under-proprietary rights or occupancy rights. But the correct intention in each case has to be determined by a careful study of the judgment in question, on which the decree was based and consideration of the nature of the proceedings in which the decree was passed, Bajrang Bahadur Singh v. Dasarath, (1945) All WR (Rev) 185: (1945) RD 369....
Legitimacy Declaration Act, 1858 (English)
Legitimacy Declaration Act, 1858 (English) (21 & 22 Vict. c. 93), which provides that any natural born subject of the King, being domiciled in England or Ireland, or claiming any real or personal estate situated in England, may apply to the High Court of Justice for a decree, declaring that the petitioner is the legitimate child of his parents, and that the marriage of his father and mother ,or of his grandfather and grandmother, was a valid marriage, or for a decree declaring that his own marriage was valid. See also (English) Legitimacy Act, 1926 (16& 17 Geo. 5, c. 60), applying the 1858Act in cases also of legitimation by subsequent marriage of parents and giving jurisdiction therein to the County Court....
Deficiency
Deficiency, means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the tie being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. [Consumer Protection Act, 1986 (68 of 1986), s. 2 (1) (g)]That part of debt secured by mortgage not realised from sale of mortgaged property. A judgment or decree for the amount of such deficiency is called 'a deficiency judgment' or decree (stroud)...
In personam
In personam. All civil actions are either in personam or in rem; actions at law in personam are those which seek recovery of damages, etc. so in equity the court acts in personam; thus it will make a decree against a defendant provided he is within the jurisdiction although the subject-matter of the suit may be situate abroad. 'The strict primary decree in this court,' said Lord Hardwicke, 'as a Court of Equity, is in personam', see Penn v. Lord Baltimore, (1750) 1 Ves Sen 444; W. & TLC See IN REM...
Indian law
Indian law, 'Indian law' shall mean any Act, Ordin-ance, Regulation, rule (order, bye-law or other instrument) which before the commencement of the Constitution had the force of law in any Province of India or part thereof, or thereafter, has the force of law in any Part A State or Part C State or part thereof, but does not include any Act of Parliament of the United Kingdom or any Order in Council, rule or other instrument made under such Act. [General Clauses Act, 1897 (10 of 1897), s. 3(29)]...
Day-rule, or day-writ
Day-rule, or day-writ, a permission to a prisoner to go out of prison, for the purpose of transacting his business, as to hear a case in which he is concerned at the assizes, etc. Abolished by 5 & 6 Vict. c. 22, s. 12....
recovery
recovery pl: -er·ies 1 : the act, process, or fact of recovering 2 a : the obtaining, getting back, or vindication of a right or property by judgment or decree ;esp : the obtaining of damages b : an amount awarded by or collected as a result of a judgment or decree ...
pro confesso
pro confesso [Latin] : as though confessed [the plaintiff's pleadings were taken pro confesso since the defendant did not appear] see also decree pro confesso at decree ...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
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