Misjoinder - Law Dictionary Search Results
Home Dictionary Name: misjoindermisjoinder
misjoinder : an incorrect joinder of claims or parties in a legal action ;also : an impermissible joinder of criminal charges or defendants compare duplicity, multifarious, multiplicity ...
Misjoinder of parties
Misjoinder of parties. see PARTIES....
Parties
Parties, a suit under s. 92 of the code is thus a representative suit and as such binds not only the parties named in the suit-title but all those who are interested in the trust, R. Venugopala Naidu v. Venkatarayulu Naidu Charities, AIR 1990 SC 444 (447): 1989 Supp (2) SCC 356. (Code of Civil Procedure, s. 92)Persons jointly concerned in any deed or act; litigants.The Rules of the Supreme Court, 1883, Ord. XVI., make very full provision as to the joinder of parties and the consequences of misjoinder and non-joinder. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alter-native. Two or more defendants may be joined, in case the plaintiff is in doubt as to the person from whom he is entitled to redress. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are the trustees or representatives, without joining any of the parti...
duplicity
duplicity pl: -ties [Late Latin duplicitat- duplicitas duality, double-dealing, from Latin duplex twofold] 1 : the use of deceptive words or actions 2 : the use of more than one claim, allegation, or defense in a single paragraph of a pleading ;esp : the improper charging of more than one offense in one count in a charging instrument (as an indictment) compare misjoinder, multiplicity ...
joinder
joinder [Anglo-French, from joinder to join, from Old French joindre, from Latin jungere] : the act or an instance of joining: as a : a joining of parties as coplaintiffs or codefendants in a suit ;also : a joining of claims by one or more plaintiffs in a suit see also misjoinder compare counterclaim, cross-claim, impleader, interpleader, intervention, sever collusive joinder : an addition of a party to a suit made for the purpose of manufacturing federal jurisdiction NOTE: Under the Federal Rules of Civil Procedure a federal district court will not have jurisdiction when collusive joinder is made. compulsory joinder : joinder of a party to a suit required by the court when the party is indispensable to complete relief for parties already involved or when the party claims an interest that may substantially affect the other parties or may be put at risk by the action joinder of remedies : a joining of two claims in one action even though one cannot be recognized until the othe...
multifarious
multifarious : having or occurring in great variety : diverse ;also : uniting usually in an improper way distinct and independent matters, subjects, or causes [point one is , and we must break it down for analysis: a) the alleged reformation of the decree; and b) the order that appellant pay "Spradley v. Hutchison, 787 S.W.2d 214 (1990)"] compare misjoinder mul·ti·far·i·ous·ness n ...
multiplicity
multiplicity pl: -ties 1 a : the quality or state of being multiple or various b : the charging of a single criminal act or offense as multiple separate charges or counts of an indictment or information [ does not require dismissal of the indictment "W. R. LaFave and J. H. Israel"] compare duplicity, misjoinder NOTE: Multiplicity raises the risk of violating the double jeopardy protection against receiving multiple sentences for a single offense. Multiplicity is a defect that can be corrected without dismissal of the case. 2 : a great number [joinder is allowed to avoid a of actions] ...
Misjoinder
An incorrect union of parties or of causes of action in a procedure criminal or civil...
Illegality
Illegality, the Criminal Procedure Code, 1898 does not use the word 'illegality'. Even defects or violations that vitiate the proceedings and render them void are spoken of only as irregularities ins. 530. The word illegality was used almost for the first time in the judgment of the Privy Council, LR 28 Indian Appeals 257 (familiarly known as Subramania Aiyar's case), where they speak of a contravention of s. 234 of the Code, resulting in a misjoinder of charges, as an illegality, Willie (William) Slaney v. State of Madhya Pradesh, AIR 1956 SC 116 (134): (1955) 2 SCR 1140.The Criminal Procedure Code, 1973 does not use the word 'illegality', nor defines 'irregularity' and illegality can only mean an incurable illegality, incurable because of prejudice leading to a failure of justice, Bhoor Singh v. State of Punjab, AIR 1974 SC 1256 (1261): (1974) 4 SCC 754.Means an act that is not authorised by law, Black's Law Dictionary, 7th Edn., p. 750....
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