Inter Parties - Law Dictionary Search Results
Home Dictionary Name: inter partiesinter 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 ...
Inter-vivos
Inter-vivos, the words 'inter vivos' in the context of s. 394 of the Companies Act would include within their meaning also a transfer between two 'juristic persons' or a transfer to which a 'juristic person' is one of the parties. Where any property passes by conveyance, the transaction would be said to be inter vivos as distinguished from a case of succession or devise, Hindustan Lever v. State of Maharashtra, (2004) 9 SCC 438 (460), Companies Act s. 394. (Transfer of Property Act, 1882, s. 5)Means 'between the living from one living person to another. Where property passes by conveyance, the transaction is said to be inter vivos, to distinguish it from a case of succession or devise, Saroj Rani v. State of Punjab, (1999) 6 SCC 632....
res inter alios acta
res inter alios acta [Late Latin, literally, thing done among others] : something transacted between other parties NOTE: This term is used in reference to matters not involving the same parties as those in litigation. Evidence of such matters is generally inadmissible. ...
Res inter alios acta alteri nocere non debet
Res inter alios acta alteri nocere non debet (a trans-action between strangers ought not to injure another party), e.g., the sworn evidence of a witness in one cause cannot be made available in another cause between other parties. consult Best on Evidence, bk. 3, pt. 2, ch. 5, where it is pointed out that the maxim, in many varying forms, was well known both in the Civil and Canon Law; and see also Broom's Legal Maxims, citing the Duchess of Kingston's case, (1771) 20 How St Tr 335; 2 Sm LC, and other cases in illustration of the rule, and Higham v. Ridgway, (1808) 10 East, 109; 2 Sm LC, and other cases in which entries of a deceased stranger declarant against his interest, or in the course of his business, have been held admissible, in illustration of the exceptions....
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 ...
inter se
inter se [Latin] : among or between themselves [the individual rights or obligations of the parties inter se "Goozh v. Capitol Souvenir Co., 462 A.2d 1140 (1983)"] ...
Circuity of action
Circuity of action, a longer course of proceeding to recover a thing sued for than is needful--Terms de la Ley; also a general term denoting inter alia a multiplicity of law suits. Wherever the rights of the litigant parties were such that the defendant would be entitled to recover back from the plaintiff the same sum which the plaintiff sought to recover, the defendant might plead the facts which constitute such right as a defence, in order to avoid circuity of action, Bullen & Leake, Prec. of Plead., 3rd ed., p. 558. Now all the counterclaims may be raised in the defence to an action. See Jud. Act, 1873, s. 24(3), and Judicature Act, 1925, s. 39; see also ss. 59 (2) and 61 of the Bills of Exchange Act, 1882. See COUNTERCLAIM.One of the most beneficial functions of the Chancery Courts was exercised in its concurrent jurisdiction under which all parties concerned were brought before the Court before deciding an action, and see also the third party procedure under R.S.C. Ord. XVI., r. 4...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
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...
Dormant partners
Dormant partners, subject to s. 2, (English) Partner-ship Act, 1890, and the (English) Business Names Registration Act, 1916, those whose names are not known or do not appear as partners, but who nevertheless are silent partners, and partake of the profits, and thereby become partners, either absolutely to all intents and purposes, or at all events in respect to third parties. dormant partners, in strictness of language, mean those who are merely passive in the firm, whether known or unknown, in contradistinction to those who are active and conduct the business of the firm as principals. Unknown partners are properly secret partners: but in common parlance they are usually designated by the appellation of dormant partners. They are held responsible as partners, until retirement, to third parties, although they maynot be so chargeable inter se. consult Lindleyon Partnership. See PARTNERSHIP (LIMITED PARTNERSHIP) and BUSINESS NAMES REGISTRATION ACT, 1916; DISCLOSURE....
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