Aggrieved Party - Law Dictionary Search Results
Home Dictionary Name: aggrieved party Page: 2Civil proceeding
Civil proceeding, there is no ground for restricting the expression 'civil proceeding' only to those proceedings which arise out of civil suits or proceedings which are tried as civil suits, nor is there any rational basis for excluding from its purview proceedings instituted and tried in the High Court in exercise of its jurisdiction under Art. 226, where the aggrieved party seeks relief against infringement of civil rights by authorities purporting to act in exercise of the powers conferred upon them by revenue statutes, CIT, Bombay v. Iswarlal Bhagwandas (1966) 1 SCR 190.The words 'civil proceeding' used in Art. 133 of the Constitution cover all proceedings which directly affect civil rights, Arbind Kumar Singh v. Nand Kishore Prasad, (1968) 3 SCR 322: AIR 1968 SC 1227 (1229).The expression in our judgment covers all proceedings in which a part asserts the existence of a civil right conferred by the civil law or by statute, and claims relief for breach thereof, Cultivable land, S.A....
Court immediately below and Court subordinate to the High Court
Court immediately below and Court subordinate to the High Court, the expressions 'a Court immediately below' and 'a Court subordinate to the High Court' had different meanings, and were therefore not one and the same. The test for determining whether an aggrieved party has a right to appeal, other conditions being fulfilled, is not whether the judgment is of a Court subordinate to the High Court but whether the judgment is of a court immediately below and that a single Judge of the High Court hearing a proceeding either as a Court of original jurisdiction or in exercise of appellate jurisdiction is a Court immediately below the Division Bench which hears an appeal against his judgment under the relevant clause of the Letters Patent, A. Rangaswamy Iyengar v. Pattamal, AIR 1971 SC 658 (659). [Constitution of India, Art. 133(1)(a)]...
May make such enquiry and pass such order thereon
May make such enquiry and pass such order thereon, The expression 'may make such enquiry and pass such order thereon' does not confer any absolute discretion on the Commissioner. In exercise of the power the Commissioner must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party, and decide the dispute according to procedure consistent with the principles of natural justice: he cannot permit his judgment to be influenced by matters not disclosed to the assessee, nor by dictation of another authority, Sirpur Paper Mills Ltd. v. Commissioner of Wealth Tax, AIR 1970 SC 1520: (1970) 1 SCC 795: (1971) 1 SCR 304...
Person aggrieved
Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...
aggrieve
aggrieve ag·grieved ag·griev·ing : to inflict injury on: as a : to adversely affect the interests of [was not the party aggrieved by the exemption] b : to infringe or deny the rights of [a person aggrieved by an unlawful search and seizure "Federal Rules of Criminal Procedure Rule 41(e)"] ...
Every order of Controller made under this Act
Every order of Controller made under this Act, the object of s. 38(1) is to give a right of appeal to a party aggrieved by some order which affects his right or liability. In the context of s. 38 (1), the words 'every order of the Controller made under this Act' though very wide, do not include interlocutory orders, which are merely procedural and do not affect the rights or liabilities of the parties, Central Bank of India v. Gokal Chand, AIR 1967 SC 799 (800): (1967) 1 SCR 310. [Delhi Rent Control Act, 1958 (59 of 1958), s. 38(1)]...
repudiation
repudiation : the rejection or renunciation of a duty or obligation (as under a contract) ;esp : anticipatory repudiation NOTE: A party aggrieved by a repudiation may consider a repudiated contract to have been breached and bring an action for relief. ...
Monstrans de droit
Monstrans de droit (manifestation or plea of right), one of the two Common Law methods of obtaining possession or restitution from the Crown of either real or personal property, Bl. Com. 256. It was preferred either on the Common Law side of the Court of Chancery, or in the Exchequer, and will now come before any division of the High Court.Where the Crown is in possession under a title, the facts of which are already set forth upon record, a party aggrieved may proceed in monstrans de droit, i.e., may make, in opposition to such recorded title, a claim of right, grounded upon certain facts relied upon by him, without denying those relied upon by the Crown, and the praying judgment of the Crown whether, upon those facts, the Crown or the subject has the right. If the right be determined against the Crown, the judgment is that of ouster le main or amoveasmanus, by which judgment the Crown is instantly out of possession, and it therefore needs no actual execution. Chit. Prerog. Of the Cro...
Penal statute
Penal statute, penal statute or penal law is a law that defines an offence and prescribes its corresponding fine, penalty or punishment, Karnataka Rare Earth v. Senior Geologist, (2004) 2 SCC 783 (791).Those which impose penalties or punishments for an offence committed; they are construed strictly in favour of the person charged with the offence. See, however, remarks of Lord Alverstone, C.J., in Dunning v. Swetman, (1909) 1 KB 776.The penalties or forfeitures under these statutes are generally made recoverable by the Crown, or the party aggrieved, or a common informer, as the case may be. See 4 Hen. 7, c. 20; 31 Eliz. c. 3; 18 Eliz. c. 5; 21 Jac. 1, c. 4; the (England) House of Commons (Disqualification) Acts of 1782 and 1801; and Chitty's Statutes, tit. 'Penal Actions.'This remedy is generally designated a penal action; or, where one part of the forfeiture is given to the Crown and the other part to the informer, a popular or qui tam (q.v.) action. For an instance of a recent action...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
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