What is the definition of pendente lite?

Legal Definition of pendente lite

: during the suit : while litigation continues awarded joint legal custody of the child pendente lite pendente lite child support.

Secondly, How do you pronounce Vinculo matrimonii? a vin•cu•lo mat•ri•mo•ni•i

— Law.

What is ex parte meaning?

Ex parte is Latin for ‘from one party. ‘

Similarly, What is the meaning of res Iudicata? Generally, res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits. “Finality” is the term which refers to when a court renders a final judgment on the merits.

Who is a transferee pendente lite?

It means that the section does prohibit transfer but does not hold it void. It suggests that the transferee will be bound by the decision of the court. The right of the transferee on the disputed property will be limited to the extent of the right of the transferor in the disputed property as per the judgement.

What is ex parte case? An ex parte decree is a decree which is passed in the non-appearance of the opposition. As per the principle of natural justice, any case must be decided with presence of both the parties and both the parties should be given proper opportunity to present them.

What is ex parte decree? An ‘Ex parte decree’ is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant.

How do I spell ex parte? (ex par-tay, but popularly, ex party) adj. Latin meaning “for one party,” referring to motions, hearings or orders granted on the request of and for the benefit of one party only.

What is the meaning of sub silentio?

Sub silentio is a legal Latin term meaning “under silence” or “in silence”. It is often used as a reference to something that is implied but not expressly stated. Commonly, the term is used when a court overrules the holding of a case without specifically stating that it is doing so.

What is the meaning of functus officio? Related Content. The doctrine of functus officio (that is, having performed his office) holds that once an arbitrator renders a decision regarding the issues submitted, he lacks any power to reexamine that decision. This principle is well established in international arbitration, and is accepted in many national laws.

What is res judicata Philippines?

Res judicata literally means “a matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment.” Res judicata lays the rule that an existing final judgment or decree rendered on the merits, and without fraud or collusion, by a court of competent jurisdiction, upon any matter within its …

What is pendente lite interest? While interest retains its basic meaning, pendente lite interest means the interest that accrues to the base amount while the pendency of the suit during the arbitration proceeding.

Can suit property be sold?

No doubt, they cannot sell the entire suit property. However, no restriction can be put on their rights to sell their undivided interest in the suit property. Therefore, such a relief cannot be granted. The plaintiff could file a suit for partition if he has any such grievance against the defendant no.

What is transfer section?

According to this section, transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and other living persons.

What is decree in law? “Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

Who brings criminal cases to court? Criminal cases come to court after a decision has been made by, usually the Crown Prosecution Service, to prosecute someone for an alleged crime. In the vast majority of cases (over 95 per cent), magistrates hear the evidence and, as a panel, make a decision on guilt or innocence.

What is the meaning of ex parte evidence in India?

Exparte pfoceedings means the legal proceedings conducted by the court for one party when the other party fails to appear before the court or give its say.

What is difference between decree and Judgement? Judgement means statement given by a Judge of the grounds of decree or order. 2. Decree is an adjudication conclusively determining the rights of the parties with regards to all or any of the matter in the controversy.

When can a court may pass an ex-parte decree?

Under Order 9, Rule 6(1)(a) the court may proceed ex-parte and pass an ex-parte decree when it deems fit that the defendant has absent himself from the court on the date of hearing stated in the summons served to him in accordance with the provisions of the Code.

What is a decree under CPC? (2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

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