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The Tomlin order permits either party to apply to court to enforce the terms of the order, which avoids the need to start fresh proceedings. The terms of the schedule do not form part of the court order and so may remain confidential, and they may include matters outside the jurisdiction of the court or the scope of the case in hand.
The order itself contains an agreement that the claim is stayed and no further action can be taken in court (except for referring a dispute in the implementation of the order to court, which is allowed). The order also deals with payment of costs, and payments of money out of court if any money is held by the court (as these are matters which ...
Legal opinion is a key point in law. In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.
These past decisions are called "case law", or precedent. Stare decisis —a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a ...
The Supreme Court and the High Courts have the power to invalidate any law, ordinance, order, bye-law, rule, regulation, notification, custom or usage that has the force of law and is incompatible with the terms of the Constitution of India. [1] Since Kesavananda Bharati v.
Others on social media accused CBS of splicing the interview to edit out Harris’ “word salad” answer in order to make the candidate appear more eloquent and decisive. The Post has sought ...
Ban on dissenting media under the Section 9 (1-A) of the Madras Maintenance of Public Order Act, 1949 struck down as unconstitutional. This in-turn led to formulation of the 1st amendment of the Constitution of India which clarified public order can form grounds for reasonable restrictions of free speech. Stanislaus v. State of Madhya Pradesh ...