Glossary entry

English term or phrase:

Order a nullity being corum non judice

Urdu translation:

hukam -a-adalat munsookh samjah jai bawajah adaam akhtiyar-a -samaiat

Added to glossary by Asghar Bhatti
Oct 31, 2003 04:24
20 yrs ago
English term

Order a nullity being corum non judice

English to Urdu Law/Patents
The Attorney is assailing the order of lower court,before appellate court,in grounds of appeal

Discussion

Non-ProZ.com Oct 31, 2003:
mutatis mutandis Please do not confuse it with Mutatis mutandis which is a latin term and means:The necessary changes being made;with due alteratin of details.or in other words" things being changed which are to be changed.
In Pakistan,india & UK,lower courts are deemed to be the court of first instance and they conduct trials/proceedings.If any one is aggreived by the decision of lower court,he/she can assail it before Appellate court by way of an appeal.Appellate will hear the arguments of both sides.It can maintain the order of lower or subordinate court by affirming it,set it aside or remand the case ,back to lower court for a fresh decision.
If you need to know what is lower court or appellate court ...pl see General clauses act of pakistan

Proposed translations

5 days
Selected

hukam -a-adalat munsookh samjah jai bawajah adaam akhtiyar-a -samaiat

corum non judice = [a latin legal term] proceeding of the court void abinitio or proceedings conducted by a court void ab initio for example
findings of lower court not supported by evidence;
a case of no evidence;
non-exercise of jurisdiction;in excess of jurisdiction;wrong excercise of jurisdiction[all casees will be termed by attorney ,in ground of appeal and if appellate court accepted their appeals,as corum non judice;in criminal cases,the higher courts ,normaly quash the whole proceedings;
Nullity=kaaladaam ya batal hoo jana;maadoomyiat;anfisakh;
nul·li·ty [ núllətee ]

noun

1. law legal invalidity: the state of being legally invalid


2. noneffectiveness: lack of effectiveness or usefulness


order=hukam;judgement[order can be 2 kinds,one is interiam order & other is final order]interiam order is revisable and in most cases not appealable ;only final orders are appealable
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4 KudoZ points awarded for this answer.
5 hrs

comment

"corum non judice" and or also known as "mutatis mutandis." as in Pakistani court from the time of British rule is not Urdu? (please correct me.....should we remember that?) and the other meaning within the legal notes is "that having been changed" which had to be changed" or more commonly, "with the necessary changes". Now lets look at the; First reference: A court in Pakistan

The Multan lawyers were caught when they killed a companion and hid his body in a forest. This is so because they couldn't ascribe his death to such Latin phrases as "corum non judice" or "mutatis mutandis." On the other hand a doctor wanting to get rid of a snake in the grass has only to say that the man died of something called "virus agitatus" or due to excess of "antiphlogistine" in his blood and the body will be given a decent burial.

http://216.239.41.104/search?q=cache:AfLgswzWtYgJ:www.dawn.c...

Second reference: A court in U.S.A.


corum non judice to that extent,

but they have long since given up that argument." (Their
concern was not the quantity of land but the surveying
mischief that the acreage glitch caused.)

http://216.239.41.104/search?q=cache:lO5QPY4NwkYJ:www.lawlib...

Now loo at your context:

The Attorney is assailing the order of lower court,before appellate court,in grounds of appeal

We must remember that the correct meaning of appellate court within the context because appellate is a court where "ONLY" the first hearing are held to make a formal a initial ruling if the appeal argument is valid and there are sufficiant grounds for courts of appeal to consider the case and make a ruling.

So the correct Urdu legal translation must be "UBTAhRAYEE SAMAaAHTH" or first hearing

so attorney praying for an " Order a nullity being corum non judice " with your context does not match in legal term or legal writing. Even if it is a municipal court order considered and involves a city code.

I have requested my legal friend for some input, because I consider this subject as very interesting to me. I will be writing more after I consult some law books.

I still dont have the "CONFIRMED" Urdu meaning of corum non judice

Thanks and Cheers!!





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Note added at 5 hrs 9 mins (2003-10-31 09:34:01 GMT)
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Now \"loo\" Read look = typo always regret

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Note added at 5 hrs 57 mins (2003-10-31 10:22:31 GMT)
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At English Common Law proceedings in court without jurisdiction were deemed corum non judice--\"Before one not a judge\" SEE: \"Filling the Void: Judicial Power and Jurisdictional Attacks on Judgments”, 87 Yale L.J. 164, 165 (1977
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