Inter Partes - Law Dictionary Search Results
Home Dictionary Name: inter partesinter partes
inter partes [Latin] : between the parties [a consent decree is not simply a contract inter partes, unlike a settlement] ;specif : having or involving adverse parties [an issue of an invalid application may also arise in inter partes proceedings where an adversary raises the issue "In re Compagnie Generale Maritime, 993 F.2d 841 (1993) (dissent)"] compare ex parte ...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Nominativus pendens
Nominativus pendens, a nominative case grammatically unconnected with the rest of the sentence in which it stands. The opening words in the ordinary form of a deed inter partes [This deed, etc., down to whereas], though an intelligible and convenient part of the deed, having regard to the predicate 'witnesseth' or 'now this deed witnesseth,' Are of this kind....
Indenture
Indenture, a deed indented between two or more parties, so called because duplicates of every deed inter partes were once written on one skin. The skin was cut in half irregularly or which a jagged edge: so when the duplicates were produced in Court they were seen to belong to one another by fitting into one another. By the (English) Law of Proper-ties Act, 1925, s. 56(2), reproducing (English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5, it is provided that a deed purporting to be an indenture shall have the effect of an indenture though not indented or expressed to be an indenture. Under s. 57, (English) L.P. Act, 1925, an indenture or any other deed may be described according to the nature of the transaction intended to be effected.Means a formal written instrument made by two or more parties with different interests, traditionally having the edges serrated, or indented, in a zig zag fashion to reduce the possibility of forgery and to distinguish it from a deed poll. A deed o...
Instrument
Instrument [instrumentum, Lat., fr. instruo, to prepare or provide], a formal legal writing-e.g., a record, charter, deed or transfer, or agreement. By s. 205(1)(viii.) of the (English) Law of Property Act, 1925, 'Instrument' (for the purposes of the Act) 'does not include a Statute, unless the Statute cre-ates a Settlement.' See also Settled Land Act, 1925,s. 117; see also TRUST INSTRUMENT; VESTING INSTRUMENT. A telegram and an envelope with a falsified postmark have been held to be 'instruments' within the meaning of the Forgery Act, 1861, s. 38, now replaced by s. 7, (English) Forgery Act, 1913 [R. v. Riley, (1896) 1 QB 309; R. v. House, 28 TLR 186]; also an engine.Includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded. [Notaries Act, 1952 (53 of 1952), s. 2 (b)]Includes every document by which any right or liability is, or purports to be created, transferred, limited, exte...
Judicial office and Judicial officer
Judicial office and Judicial officer, expression 'Judicial Office' has not been defined under the Constitution, nevertheless, it has to be given meaning in the context of the concept of Judiciary as enshrined in the Constitution of India. The scheme under the Constitution for establishing an independent judiciary is very clear. Article 236(b) defines 'judicial service' to mean district Judges and Judges subordinate thereto. Holder of 'judicial office' under Article 217(2)(a) means the person who exercises only judicial functions, determines causes inter-partes and renders decisions in a judicial capacity, Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213: (1992) 2 SCC 428....
Prejudice, without
Prejudice, without, is a term given to overtures and communications between parties in the course of negotiate on, or between litigants before action or after action, but before trial or verdict. The words import an understanding that if the negotiation fails, nothing that has passed shall be taken advantage of thereafter; so, if a defendant offer, 'without prejudice,' to pay half the claim, the plaintiff must not rely on the offer as an admission of his having a right to some payment.The rule is that nothing written or said 'without prejudice' can be considered at the trial without the consent of both parties--not even by a judge in determining whether or not there is good cause for depriving a successful litigant of costs, Walker v. Wilsher, (1889) 23 QBD 335; Hulton v. Chadwick, 35 TLR 620. There must, however, be an existing dispute for the rule to apply [Re Daintrey, (1893) 2 QB 116]. The word is also frequently used without the foregoing implications in statutes and inter partes ...
ex parte
ex parte [Medieval Latin, on behalf (of)] : on behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party [an ex parte motion] [relief granted ex parte] used in citations to indicate the party seeking judicial relief in a case [Ex Parte Jones, 7 U.S. 2 (1866)] compare in re, inter partes ...
Partnership
Partnership, the relation which subsists between persons carrying on a business with a view to profit--so defined by s. 1, sub-s. 1, of the (English) Partnership Act, 1890 (53 & 54 Vict. c. 39), a codifying Act of fifty s.s, 'to declare and amend the law of partnership,' which, in effect, transfers the law of the subject from the region of reported cases to that of the statute; Bovill's Act' (see that title) of 1865 (28 & 29 Vict. c. 86), and a small part of the (English) Mercantile Law Amendment Act of 1856, being the only previous statutory enactments on the subject.Rules, which, however, subject to any agreement express or implied between the partners, are laid down by s. 24 for determining the interest of partners in the partnership property and their rights and duties in relation to the partnership. They provide, amongst other things, for equal shares in profits and equal contributions to losses; for indemnification of every partner by the firm in respect of payments properly made...
Sewer
Sewer, a trench or channel through which water or sewage flows.The Court of Commissioners of Sewers is a temporary tribunal, erected by commission under the Great Seal, which used to be granted pro re nata at the pleasure of the Crown, and later at the discretion of the Lord Chancellor, Lord Treasurer, and Chief Justices, pursuant to the Statute of Sewers (23 Hen. 8, c. 5). Their jurisdiction is to overlook the repairs of the banks and walls of the sea-coast and navigable rivers; or, with consent of a certain proportion of the owners and occupiers, to make new ones, and to cleanse such rivers, and the streams communicating therewith, and is confined to such county or particular district as the commission shall name. They are a Court of record, and may proceed b jury, or upon their own view, and may make orders for the removal of annoyances, or the conservation of the sewers within their commission according to the customs of Romney Marsh, or otherwise. They may also assess necessary ra...
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