Necessary Party - Law Dictionary Search Results
Home Dictionary Name: necessary party Page: 2Parties
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...
Abstract of title
Abstract of title. A concise statement, usually prepared for a mortgagee or purchaser of real property, summarising the history of a piece of land including all conveyances interests, lines & encumbrances that reflect title to property, Black's Law Dictionary, 7th Edn., an epitome of the evidence of title to property or power to deal with it.Every purchaser of land or real estate has an implied right to have an abstract of title delivered to him within a reasonable time, Compton v. Bagley, (1892) 1 Ch 313. As to registered land, see the Land Registration Act, 1925, s. 110, and Brickdale and Stewart-Wallace on the Land Registration Act, 1925.An abstract is said to be perfect if it deduces the title from the date fixed by the contract or by statute for its commencement and discloses every incumbrance affecting it, by setting out the material parts of all deeds, wills and other documents, and stating the facts on which it depends: fc. 1 Pres. 42, 207. The statutory period is thirty years,...
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
Inspection of written documents
Inspection of written documents. It was provided by the (English) Evidence Act, 1851 (14 & 15 Vict. c. 99), s. 6, that in any action or other proceeding the court or a judge might, on application by either party, compel the opposite party to allow the party making the application to inspect all documents in the custody or under the control of such opposite party relating to such action or other legal proceeding, and if necessary to take examined copies of the same, or to procure the same to be duly stamped. Even prior to this Act the court would, in certain cases, in the exercise of its equitable jurisdiction, order inspection of specific documents.By (English) R.S.C. 1883, Ord. XXXI., rr. 15-18, either party is prima facie as a matter of right entitled to inspect (after notice) documents referred to in the pleadings or affidavits of the other, and may, by leave of a judge, and upon an affidavit, inspect other documents in possession of the other; and by Ord. L., r. 3, any party to a c...
trust
trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property b : an entity resulting from the establishment of such a relationship see also beneficiary, cestui que trust, corpus declaration of trust at declaration, principal, settlor NOTE: Trusts developed out of the old English use. The traditional requirements of a trust are a named beneficiary and trustee (who may be the settlor), an identified res, or property, to be transferred to the trustee and constitute the principal of the trust, and delivery of the res to the trustee with the intent to create a trust. Not all relationships labeled as trusts have all of these characteristics, however. Trusts are often created for their advantageous tax treatment. accumulation trust : a trust in which principal and income are allowed to accumulate rather than being paid out NOTE: Accumulation trusts are disfavored and often restricted...
Mental cruelty
Mental cruelty, is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, (2002) 2 SCC 73.Mental cruelty in s. 13(1) (ia) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must by of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party. It is not necessary to prove that the mental cruelty is such as to cause injury to the health of the petitioner, V. Bhagat v. D. Bhagat, (1994) 1 SCC 337 AIR 1994 SC 710. [Hindu Marriage Act, 1955, s. 13(i) (ia)...
consideration
consideration : something (as an act or forbearance or the promise thereof) done or given by one party for the act or promise of another see also contract compare motive NOTE: Except in Louisiana, consideration is a necessary element to the creation of a contract. The consideration must result from bargaining by the parties, and must be the thing that induces the mutual promises. ad·e·quate consideration : a consideration that is reasonably equivalent in value to the thing for which it is given fair consideration : a consideration that is reasonable and given in good faith ;specif : something with a reasonably equivalent value that under the laws of fraudulent conveyances is given in good faith in exchange for the transfer of property good consideration 1 : a consideration based on a family relationship or natural love and affection 2 : valuable consideration in this entry NOTE: When used as defined in sense 1 good consideration is the opposite of valuable consider...
Conduct-money
Conduct-money, money paid to a witness for his travelling expenses. Testes qui postulat debet dare eis sumptus competentes. (He who requires witnesses must find their expenses to a sufficient extent.)-Reg. Jur. Civ. A witness whose expenses are not paid may refuse to give evidence, it being provided by the still unrepealed 5 Eliz. c. 9, that a witness 'having tendered to him, according to his countenance or calling, such reasonable sums of money' for his expenses, 'as having regard to the distance of the places is necessary,' is to forfeit 10l., and yield further recompense to the party grieved, etc.; and see Hallett v. Mears, (1810) 13 East 15; 12 RR 296, and note to the effect that unless the whole necessary expenses of the journey to and from the place of trial, and of the witness's necessary stay there, be tendered with the subp'na, the Court will not grant a subp'na for the non-attendance of the witness at the place of trial....
Publication
Publication, divulgation; proclamation; also 'the communication of defamatory words to some person or persons other than the person defamed' (Odgers on Libel).The publication of fair reports of legal proceedings in Court (other than ex parte proceedings) is a Common Law right exempt from proceedings for libel.As to the publication of an apology for libel in a newspaper, see LIBEL.Is essential in an action of defamation that the publication be to a third person, though the law is otherwise in Scotland. Thus, there can be no publication as between husband and wife, Wennhak v. Morgan, (1888) 20 QBD 635; but publication can be made to either husband or wife respecting the other, Jones v. Williams, (1888) 1 TLR 572. The third party to whom the matter is published may be in the position of a servant or clerk, Edmondson v. Birch & Co., (1907) 1 KB 371, but see Osborn v. Boulter & Son, (1930) 2 KB 226; but must be able to understand the defamatory character of the matter, Sadgrove v. Hole, (19...
Revivor
Revivor. By R.S.C. 1883, Ord. XLII., r. 23, where six years have elapsed since the judgment, or any change has taken place by death or otherwise in the parties entitled or liable to execution, the party alleging himself to be entitled to execution may apply to the Court or a judge for leave to issue execution accordingly. And such Court or judge may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties shall be tried in any of the ways in which any question in an action may be tried. And in either case such Court or judge may impose such terms as to costs or otherwise as shall be just. Ord. XVII. also provides for the non-abatement of a cause prior to judgment. See ABATEMENT....
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