Void Decree Illegal Decree - Law Dictionary Search Results
Home Dictionary Name: void decree illegal decree Page: 7Alimony
Alimony [fr. alimonia. Lat.], the allowance made to a wife out of her husband's estate for her support, either during a matrimonial suit or at its termination, when she proves herself entitled to a separate maintenance, and the fact of a marriage is established. But she is not entitled to it if she elope with an adulterer, or wilfully leave her husband without any just cause for so doing.It is of two kinds: (a) In causes between husband and wife. The husband is obliged to allow his wife alimony during the suit, and this whether the suit be commenced by or against him, and whatever its nature may be. It is usually such a sum as will provide the wife with one-fifth of the joint incomes, and will be reduced according to fluctuations of income. The wife may apply for an increase of his means have improved. (b) Permanent alimony, which is allotted to a wife after final decree. Alimony is within the exclusive jurisdiction of the Probate and Divorce Division. The Court may direct its payment ...
Notwithstanding, the words 'notwithstanding' in clause (1) and 'subject to' in clause (3) mean that where an entry is in general terms in List II and part of that entry is in specific terms in List I, the entry in List I takes effect notwithstanding the e
Notwithstanding any judgment, decree or other authority, the words 'notwithstanding and judg-ment, decree or order of any Court or other authority' in the proviso make it clear and leave no doubt that the legislature intended that the finality of 'judgment, decree or order of any Court or other authority' should not stand in the way of giving full effect to the retrospective introduction of the proviso in s. 3 and applying the provisions of the Delhi Rent Control Act, 1958 in cases falling within the proviso, Sunder Dass v. Ram Parkash, AIR 1977 SC 1201 (1206): (1977) 2 SCC 662: (1977) 3 SCR 60....
Nisi
Nisi, means 'unless' (of a court's ex parte ruling or grant of relief) having validity unless the adversely affected party appears and shows cause why it should be withdrawn, Black's Law Dictionary, 7th Edn., p. 1068.Nisi. A decree, rule, or order of the Court is said to be made nisi when it is to take effect unless the party against whom it is made comes before the Court and gives reasons by a certain date why it should not take effect. See DECREE NISI; ABSOLUTE....
Conformity, bill of
Conformity, bill of. When the executor or adminis-trator found the affairs of his testator or intestate so much involved that he could not safely administer the estate, except under the direction of the Court of Chancery, he filed this bill against the creditors to have their claims adjusted, and a decree settling order and payment of assets made. This bill was so called, probably because the executor or administrator undertook to conform to the decree, or the creditors were compelled by the decree to conform to it, 1 Story's Eq. Jur. 440....
Rules of procedure
Rules of procedure, in British Parliament, the greater part of the rules are unwritten, to be collected from the journals or reports of debates, or to be ascertained from personal experience; the written part constitutes a very small portion of the corpus of rules, this consists of standing order. Standing Orders can be amended, repealed or suspended, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 485.Rules of procedure, rules which regulate procedure, debate and the conduct of members in a legislature, Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 723....
Crown Office Rules, 1906
Crown Office Rules, 1906, a large body of Rules, 269 in number,with Forms and Tables of Fees,issued by the Rules Committee of the Supreme Court, superseding the 308 Rules of 1886 as from October 24h, 1906, and regulating the whole practiceand procedure of the Crown Side of the King's Bench Division of the High Court in Certiorari, Criminal Information, Habeas Corpus, Mandamus, Prohibition, Quo Warranto and other matters....
Suit of partition
Suit of partition, means a judgment delivered by a court in a partition suit which is followed by a preliminary decree cannot be said to be a final judgment in the suit. Proceedings which parties may take pursuant to the preliminary decree are still a part of the suit, and it is only with the passing of the final decree that the suit comes to an end, Ct. ACt Nachiappa Chettiar v. Ct. ACt Subramanian, AIR 1960 SC 307: (1960) 2 SCR 209: (1960) SCJ 416: (1960) 1 SCA 655: (1960) 1 Mad LJ (SC) 101: (1960) 1 Andh WR (SC) 101....
Same suit
Same suit, enable the party to obtain incidental reliefs in the suit, but not relating to the execution of the decree. Decree-holder has to approach appropriate court by filing separate application to execute the decree, Balasa Sarada w/o Seethapathi v. Talluri Anasuyamma, AIR 2007 AP 130....
Point of orders
Point of orders, includes an objection raised by a member at a meeting for breaches of the rules or regulation, to some defect in the constitution of the meeting (e.g. absence of a quorum), to the use of offensive or abusive language, or to invite the attention of the presiding officer that the motion under discussion is not within the scope of the notice, or to any similar infirmity or irregularity in the proceeding. In addition to breaches of the general or special rules, use of insulting or bad language, gross accusations or insinuation and unseemly or contemptible conduct may be taken exception to in this manner. A point of order is primarily intended to determine the interpretation of the rules and regulations governing the meeting; it does not contemplate any discussion on any event, Surat Singh v. Kishori Lal, (1969) 2 SCC 487....
Liability of such persons
Liability of such persons, the proper meaning of the words 'the liability of such person' in Order 21, Rule 50(2) is that primarily the question to try would be whether the person against whom the decree is sought to be executed was a partner of the firm, when the cause of action accrued, but he may question the decree on the ground of collusion, fraud or the like but so as not to have the suit tried over again or to raise issues between himself and his other partners, Gambhir Mal Pandiya v. J.K. Jute Mills Co. Ltd., AIR 1963 SC 243 (250): (1963) 2 SCR 190....
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