Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Arrest in execution
see arrest on final process under arrest.
Arrest in execution.
See arrest on final process.
Boni judicis est judicium sine dilatione mandare executioni
It is the role of a good judge to render judgment for execution without delay.
Execution
n. 1. The act of carrying out or putting into effect (as a court order) <execution of the court's decree>. 2. Validation of a written instrument, such as a contract or will, by fulfilling the necessary legal requirements <delivery of the goods completed the contract's execution>. 3. Judicial enforcement of a money judgment, usu. by seizing and selling the judgment debtor's property <even if the plaintiff receives a judgment against the foreign debtor, execution is unlikely>. 4. A court order directing a sheriff or other officer to enforce a judgment, usu. by seizing and selling the judgment debtor's property <the court issued the execution authorizing seizure of the car>. - Also termed writ of execution; judgment execution; general execution. "A writ of execution is an authorization to an executive officer, issued from a court in which a final judgment has been rendered, for the purpose of carrying such judgment into force and effect. It is founded upon the judgment, must generally be conformed to it in every respect, and the plaintiff is always entitled to it to obtain a satisfaction of his claim, unless his right has been suspended by proceedings in the nature of an appeal or by his own agreement." Benjamin J. Shipman, Handbook of Common-Law Pleading ยง 26, at 50 (Henry Winthrop Ballantine ed., 3d ed. 1923).
Executioner
A person who puts another person to death to carry out a death sentence; a person who carries out capital punishment on the state's behalf. execution lien. See LIEN,
Favorabiliores sunt executiones aliis processibus quibuscunque
Executions are preferred to all other processes whatever.
Juris effectus in executione consistit
The effect of law (or of a right) consists in the execution.
Legis minister non tenetur, in executione offscii sui, fugere aut retrocedere
The minister of the law is not bound, in the execution of his office, either to flee or to retreat.
Parum est latam else sententiam, nisi mandetur executioni
It is not enough that judgment has been given if it is not committed to execution.
Reexecution
The equitable remedy by which a lost or destroyed deed or other instrument is restored. ( Equity compels the party or parties to execute a new deed or instrument if a claimant properly proves a right under one that has been lost or destroyed
Sapiens incipit a fine, et quod primum est in intentione, ultimum est in executione
A wise person begins from the end, and what is first in intention is last in execution.
alias execution
A second execution issued to enforce a judgment not fully satisfied by the original writ. Cf. alias writ under WRIT.
bill in aid of execution.
See BILL
bill to carry a decree into execution.
A bill brought when a decree could not be en- forced without further court order due to the parties' neglect or for some other reason.
body execution
A court order requiring an officer to take a named person into custody, usu. to bring the person before the court to pay a debt; CAPIAS.
body execution.
See CAPIAS; EXECUTION
close jail execution
A body execution stat ing that the person to be arrested should be confined in jail without the privilege of move ment about the jailyard.
close-jail execution
See EXECUTION.
de executione facienda in withernamium
n. [Law Latin "for mak ing execution in withernam"] Hist. A writ of execution in withernam. ( This is a type of capis in withernam directing the sheriff to takefrom the defendant goods equal in value to the goods that the defendant took from the plain tiff.
de executions judicii
n. [Law Latin "of execution of judgment"] Hist. A writ ordering a sheriff or bailiff to execute a judgment.
dormant execution
See EXECUTION.
droit d'execution
n. [French "right of execution"] French law. 1. A stockbroker's right to sell the stock bought for a client who later refuses it. 2. A stockbroker's right to sell deposited securities to secure the broker against a loss in buying for a client.
execution clause
The part of a deed containing the date, seal (if required), and signatures of the grantor, grantor's spouse, and witnesses.
execution creditor
A judgment creditor who has caused an execution to issue on the judgment.
execution lien
A lien on property seized by a levy of execution. ( Such a lien gives the execution creditor priority over later transferees of the property and over prior unrecorded conveyances of interests in the property. See EXECUTION.
execution paree
[French] French law. A right founded on an act approved and verified before a notary, by which a creditor may immediately - without citation or summons - seize and cause to be sold the debtor's property and keep the proceeds of the sale (to the extent of the indebtedness). execution-proof. See JUDGMENT-PROOF. execution sale. See SALE.
execution sale
A forced sale of a debtor's property by a government official carrying out a writ of execution. - Also termed forced sale; judgment sale; sheriff's sale. See EXECUTION.
executione facienda in withernamium
[Latin] Hist. A writ that lay for taking cattle of a person who had taken someone else's cattle out of the county so that the sheriff could not replevy them.
executione judicii
[Latin] Hist. A writ directed to a judge of an inferior court to issue execution upon a judgment in that court, or to return some reasonable cause why the judge has delayed execution.
fraud in the execution.
See fraud in the factum under FRAUD.
general execution
See EXECUTION (4).
judgment execution
EXECUTION,
junior execution
See EXECUTION.
levy of execution
See LEVY (3).
malicious execution
An abuse of process by which a person, maliciously and without reasonable cause, issues an execution against the property of a judgment debtor.
special execution
See EXECUTION.
speedy execution
An execution issuing quickly (esp. by judges at nisi prius) after a trial.5. Criminal lauY. The carrying out of a death sentence <the Supreme Court stayed the execution. - execute, Ub.
stay of execution
See STAY.
writ of execution
See EXECUTION (4).