Void Decree Illegal Decree - Law Dictionary Search Results
Home Dictionary Name: void decree illegal decree Page: 8Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
Absolute
Absolute, means free from restriction, qualification or condition e.g. absolute ownership; conclusive and not liable to revision e.g. absolute delivery, Black Law Dictionary, 7th Edn., p. 7.Absolute, complete, unconditional. A rule or order absolute is a completed judgment of a court, and is so called in contradistinction to a rule or order nisi which is made on the application of one party only without notice to the other (ex parte), to be made absolute unless the other party succeed in showing cause why it should not be made absolute (discharged); but see also DECREE NISI....
VerbarNe Temere
A decree of the Congregation of the Council declaring invalid so far as the laws of the Roman Catholic Church are concerned any marriage of a Roman Catholic or of a person who has ever been a Roman Catholic if not contracted before a duty qualified priest or the bishop of the diocese and at least two witnesses The decree was issued Aug 2 1907 and took effect on Easter Apr 19 1908 The decree by its terms does not affect mixed marriages those between Roman Catholics and persons of another faith in Germany...
In supersession of all existing orders on the subject
In supersession of all existing orders on the subject, 'in supersession of all existing rules and orders on the subject' can only refer to those matters in the existing rules which correspond to the matters dealt with by the 1950 Rules, Om Prakash Shukla v. Akhilesh Kumar Shukla, AIR 1986 SC 1043: 1986 Supp SCC 285: (1986) 1 SCR 855....
residuum rule
residuum rule : a rule requiring that the decision or order of an administrative agency be supported by at least a small amount of evidence which is not inadmissible hearsay in order to be upheld on review NOTE: The residuum rule has been rejected in most jurisdictions. ...
Marriage settlement
Marriage settlement, an arrangement made before marriage, and in consideration of it (the highest consideration known to the law), whereby real or personal property is settled for the benefit of the husband and wife and the issue of the marriage. There is an express saving for such a settlement in s. 19 of the (English) Married Women's Property Act, 1882, and see the (English) Married Women's Property Act, 1907 (7 Edw. 7, c. 1), invalidating a settlement made by a female infant unless confirmed after attaining 21, but without prejudice to settlements under the Infants Settlement Act, 1855 (see post, MARRIED WOMEN'S PROPERTY).Although the policy of the land legislation of 1924 was to assimilate the law of real property to that of personalty as far as possible, marriage settlements of land (not being effected by way of trust for sale), and if providing for infant or for a succession of interests in land or charging land (but in this case subject to the (English) Law of Property Amendment...
Particulars
Particulars. The courts have a general jurisdiction, independently of statute, to order a detailed statement of the demand in any litigation, or of any defence, to be given that surprise may be avoided, and substantial justice promoted, 2 Chit. Arch. Prac. The necessity for application for particulars has become less frequent since the Judicature Acts, as the Rules of Court under those Acts have substituted a statement of claim containing the material facts on which the plaintiff relied for the declaration under the old practice, which only contained a legal statement of the plaintiff's cause of action.It is provided, however by (English) R.S.C., Ord. XIX, R. 7, that:-A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just;and see the Index to the Annual Practice...
Point of order
Point of order, 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. A claim that a candidate is subject to a disqualification cannot be decided without evidence, and discussion such an objection cannot, therefore, form the subject of a point of order, Surat Singh v. Kishori Lal, (1969) 2 SCC 487 (491). [D.M.C. Procedure and Conduct of Business Regulation, 1958, Rule 33]...
Where there has been a review
Where there has been a review, the words 'where there has been a review' in clause 2 of Article 182 must be read with the words 'for the execution of a decree or order' in the 1st column of Article and the fact that there was an appeal from the order dismissing the application under Order IX, rule 9 made in connection with the proceedings under s. 36 of the Money Lenders Act could not give a fresh starting point for limitation under Article 182, clause 2, Bhawanipore Banking Corporation Ltd. v. Gouri Shankar Sharma, AIR 1950 SC 6: (1950) SCR 25. (Limitation Act, 1908, Art. 182)...
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