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Home Dictionary Name: no bill Page: 3Interpleader
Interpleader, the process whereby a person, who is or expects to be sued by two or more parties, claim-ing adversely to each other, for a debt or goods in his hands, but in which he himself has no interest, obtains relief by procuring such parties to try their rights between or amongst themselves only. Where the applicant is a sheriff, and claim is made to goods seized in execution by any other than the person against whom the execution issued, the process is called a 'sheriff's interpleader.' At one time an independent suit in Equity, called a 'bill of interpleader,' had to be brought against the two rival claimants by the person having no interest, but the Interpleader Act (1 & 2 Wm. 4, c. 58), instituted a more simple and expeditious pro-cedure, whereby the Court in which such person was sued might call the rival claimants before it, and stay the action against such person; and this Act, with its amendments under the C.L.P. Act, 1860, was incorporated, but by reference only, into th...
beret
a cap made of soft cloth with no brim or bill widening somewhat outward from a close fitting headband to a flat top which often has a button or tab in its center...
Non-obstante
Non-obstante (notwithstanding), a licence from the Crown to do that which could not be lawfully done without it. Also, a clause frequent in statutes and letters-patent, importing a licence from the Crown to do a thing, which by Common Law might be done, but, being restrained by Act of Parliament, could not be done without such licence, Plowd. 501.But the doctrine of non-obstante, which sets the prerogative above the law, was effectually demolished by the Bill of Rights at the Revolution of 1688, which enacts that no dispensation, by non obstante of or to any statute, or any prt thereof, shall be allowed, but that the same shall be held void and of none effect, except a dispensation be allowed in such statute.A non-obstante clause is a legislative device usually employed to give overriding effect to certain provisions over some contrary provisions that may be found either in the same enactment or some other enactment, that is to say, to avoid the operation and effect of all contrary pro...
Without prejudice
Without prejudice, a phrase used in offers, in order to guard against any waiver of right; also for the purposes of negotiating a compromise. See PRE-JUDICE, WITHOUT.With loss of all rights; in a way that finally disposes of party's claim and bars any future action on the claim, Black's Law Dictionary, 7th Edn., p. 1596.The expression 'without prejudice' means; (1) that the matter had not been decided on merits, and (2) that fresh proceedings according to law were not barred, Superintendent (Tech. I) Central Excise v. Pratap Rai, AIR 1978 SC 1244 (1246): (1978) 3 SCC 113: (1978) 3 SCR 729; I.D.D., Jabalpur v. Pratap Rai, 1978 SC 1244 (1246).The classic definition of the phrase is contained in the judgment of Lindley, L.J. in Walker v. Wilsher, 1889 (23) QBD 337.What is the meaning of the words 'without pre-judice'? I think they mean without prejudice to the position of the writer of the letter if the terms he proposes are not accepted. If the terms proposed in the letter are accepted a...
Attainder
Attainder [fr. attaindre, Fr. (attainder, O. F.-Roquef.); attingo, Lat., which signifies the apprehension of the object of a chase], the stain or corruption of the blood of a criminal capitally condemned; it is the immediate inseparable consequence, by the Common Law, of sentence of death being pronounced, or of outlawry for a capital offence. the criminal then becomes dead in law, technically called civiliter mortuus. It differs from conviction in that it is after judgment, whereas conviction isupon the verdict of guilty but before judgment pronounced, and may be quashed upon some point of law reserved, or judgment may be arrested. See Co. Litt. 390 b, 391 a.A descendant may now trace descent through an attainted ancestor by virtue of the (English) Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), s. 10; and by the (English) Forfeiture Act, 1870 (32 & 33 Vict. c. 23), it is now provided that no conviction for treason or felony shall cause attainder or forfeiture. See BILL OF ATTAINDER....
Leave of the House
Leave of the House, in the Lok Sabha, formal leave of the House has to be obtained to introduce a Bill, move motions such as adjournment motion, motion of no confidence in the council of ministers, resolution for removal of Speaker/Deputy Speaker, to raise a question of privilege, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 549....
Instrument payable on demand
Instrument payable on demand, means a promissory note or bill of exchange in which no time for payment is specified, and a cheque, are payable on demand (Negotiable Instruments Act, 1881, s. 19)....
Bill of Exchange
Bill of Exchange. Defined in the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 3, as an 'unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.'It is a chose in action, but, for the encouragement of commerce, it is assignable, at Common Law, by mere endorsement, so that very many names are frequently attached to one bill as endorsers, and each of them is liable to be sued upon the bill, if it be not paid in due time. the person who makes or draws the bill is called the drawer, he to whom it is addressed is, before acceptance, the drawee, and after accepting it, the acceptor; the person in whose favour it is drawn is the payee; if he endorse the bill to another, he is called the endorser, and the person to whom it is thus assigned or negotiated ...
Bill of costs
Bill of costs, an account of the charges and disbursements of an attorney or solicitor incurred in the conduct of his client's business. It must be delivered, signed, to the client, one calendar month before an action can be brought to recover the amount thereof, in order to give the client an opportunity of taxing it. An executor or administrator of an attorney or solicitor must also deliver a bill of costs, signed, and delivered, before he can sue upon it. See (English) Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), ss. 64 and 65. As to taxation, ibid., ss. 66 to 68, and see the (English) Solicitors Remuneration Order, 1932 (S.R. & O. of 1932, No. 940); Chit. Stat., tit. 'Solicitors....
no-fault
no-fault 1 : of, relating to, or being a motor vehicle insurance plan under which someone injured in an accident is compensated usually up to a stipulated limit for esp. actual losses (as for property damage, medical bills, and lost wages) by that person's own insurer regardless of who is responsible for the accident and is prohibited from or limited in his or her right to sue the responsible party 2 : of or relating to no-fault divorce [a ground for dissolution] see also no-fault divorce at divorce ...
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