Binding - Law Dictionary Search Results
Home Dictionary Name: bindingNot yet become binding on the parties
Not yet become binding on the parties, the expression 'not yet become binding on the parties' in Article V(1)(e) of the New York Convention postulates that the Convention has visualised as award which becomes binding at a point of time later than the making of the award. In other words the provision has in its contemplation the fact that an award in some cases may become binding only at a later stage. The award which is sought to have been enforced as foreign award will have thus to be tested with reference to the key words contained in Article V(1)(e) of the Convention and the question will have to be answered whether the award has become binding on the parties or has not yet become binding on the parties. The test has to be applied in the context of the law of the country governing the arbitration proceedings or the country under the law of which the award was made, Oil and Natural Gas Commission v. Western Company of North America, AIR 1987 SC 674 (684): (1987) 1 SCC 496: (1987) 1 S...
bind over
bind over 1 : to put under a bond to do something (as appear in court) under court authority 2 : to transfer (a case or defendant) to another forum after a finding of probable cause at a preliminary hearing NOTE: In states that require indictment by a grand jury in felony cases, a case will be bound over to the grand jury if the judge or magistrate finds at the preliminary hearing that there is probable cause to believe that the defendant committed the crime. In states that use an information, the case is bound over to the trial court upon a finding of probable cause. vi : to bind a case over [questioned the magistrate's decision to bind over] bind·over n ...
Contractual lien
Contractual lien, this is a contractual right to retain possession pending payment of sums due to the possessor. The contractual lien, which is often equated with a pledge, is to be distinguished from it in that possession is taken for purposes other than security and unless otherwise agreed the lienee has merely a right to detain the goods until payment of what is due to him, not a right to sell them on default in payment, Halsbury's Laws of England, Vol. 4(1), para 609, p. 265....
bind
bind bound [band] bind·ing 1 a : to make responsible for an obligation (as under a contract) [agents have the power to the insurer "R. I. Mehr"] b : to burden with an obligation [prevented married women from ing their property "J. H. Friedenthal et al."] 2 : to exert control over : constrain by legal authority [this court is bound by precedent] 3 : to bring (an insurance policy) into effect by an oral communication or a binder ...
obiter dictum
obiter dictum pl: obiter dic·ta [-tə] [Late Latin, literally, something said in passing] : an incidental and collateral remark that is uttered or written by a judge but is not binding : dictum ...
Bind
To tie or confine with a cord band ligature chain etc to fetter to make fast as to bind grain in bundles to bind a prisoner...
Bind
Bind, means to make responsible for an obligation (as under a contract), the burden with an obligation, Webster's Dictionary of Law, Indian Edn. (2005), p. 52.Means to impose one or more legal duties on (a person or institution) e.g. the contract binds the party, the courts are bound by precedents, Black Law Dictionary, 7th Edn., p. 161....
Obiter dictum
Obiter dictum, an opinion not necessary to a judgment. See DICTUM.An 'Obiter dictum' is an observation which is either not necessary for the decision of the case or does not relate to the material facts in issue, K. Jayarama Iyer v. State of Hyderabad, AIR 1954 Hyd 56.It is a remark made or opinion expressed by a judge in his decision upon a cause, 'by the way' -- that is, incidentally or collaterally, and not directly upon the question before the court, or it is any statement of law enunciated by the judge or court merely by way of illustration, argument, analogy, or suggestion ...... In the common speech of lawyers, all such extrajudicial expressions of legal opinion are referred to as 'dicta', or 'obiter dicta', these two terms being used interchangeably, Brief Making and the Use of Law Books, William M. Lile et al. 304 (3rd Edn., 1914)....
binding
binding 1 : imposing a legal obligation [the agreement is on the parties] 2 : requiring submission to a specified authority [the suppression order was on the Department of Transportation "National Law Journal"] ...
contractual
contractual : of, relating to, or constituting a contract [a agreement] con·trac·tu·al·ly adv ...
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