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Party Aggrieved - Law Dictionary Search Results

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Party aggrieved

Party aggrieved, a person not directly affected cannot be so considered as 'Party aggrieved', Gopabandhu Biswal v. Krishna Chandra, (1998) 4 SCC 447. (CPC, 1908, Order 47, Rule 1)...


party aggrieved

party aggrieved see party ...


party

party pl: parties 1 a : one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement [the parties to a contract] [a person who signed the instrument as a to the instrument "Uniform Commercial Code"] accommodated party : a party to an instrument for whose benefit an accommodation party signs and incurs liability on the instrument : a party for whose benefit an accommodation is made accommodation party : a party who signs and thereby incurs liability on an instrument that is issued for value and given for the benefit of an accommodated party secured party : a party holding a security interest in another's property third party : a person other than the principals [insurance against injury to a third party] b : one (as an individual, firm, or corporation) that constitutes the plaintiff or defendant in an action ;also : one so involved in the prosecution or defense of a judicial or quasi-judicial proceeding as t...


Any aggrieved party

Any aggrieved party, the expression employed in s. 20(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 means a person feeling aggrieved by the ultimate decision, that is, the operative part of the order. A party to the proceedings, who has succeeded in securing the relief prayed for, is not a party aggrieved though the order contains a finding or two adverse to him, Nalakath Sainuddin v. Koorikadan Sulaiman, (2002) 6 SCC 1 (12): AIR 2002 SC 2562....


aggrieve

aggrieve ag·grieved ag·griev·ing : to inflict injury on: as a : to adversely affect the interests of [was not the party aggrieved by the exemption] b : to infringe or deny the rights of [a person aggrieved by an unlawful search and seizure "Federal Rules of Criminal Procedure Rule 41(e)"] ...


aggrieved party

aggrieved party see party ...


repudiation

repudiation : the rejection or renunciation of a duty or obligation (as under a contract) ;esp : anticipatory repudiation NOTE: A party aggrieved by a repudiation may consider a repudiated contract to have been breached and bring an action for relief. ...


Every order of Controller made under this Act

Every order of Controller made under this Act, the object of s. 38(1) is to give a right of appeal to a party aggrieved by some order which affects his right or liability. In the context of s. 38 (1), the words 'every order of the Controller made under this Act' though very wide, do not include interlocutory orders, which are merely procedural and do not affect the rights or liabilities of the parties, Central Bank of India v. Gokal Chand, AIR 1967 SC 799 (800): (1967) 1 SCR 310. [Delhi Rent Control Act, 1958 (59 of 1958), s. 38(1)]...


Monstrans de droit

Monstrans de droit (manifestation or plea of right), one of the two Common Law methods of obtaining possession or restitution from the Crown of either real or personal property, Bl. Com. 256. It was preferred either on the Common Law side of the Court of Chancery, or in the Exchequer, and will now come before any division of the High Court.Where the Crown is in possession under a title, the facts of which are already set forth upon record, a party aggrieved may proceed in monstrans de droit, i.e., may make, in opposition to such recorded title, a claim of right, grounded upon certain facts relied upon by him, without denying those relied upon by the Crown, and the praying judgment of the Crown whether, upon those facts, the Crown or the subject has the right. If the right be determined against the Crown, the judgment is that of ouster le main or amoveasmanus, by which judgment the Crown is instantly out of possession, and it therefore needs no actual execution. Chit. Prerog. Of the Cro...


Penal statute

Penal statute, penal statute or penal law is a law that defines an offence and prescribes its corresponding fine, penalty or punishment, Karnataka Rare Earth v. Senior Geologist, (2004) 2 SCC 783 (791).Those which impose penalties or punishments for an offence committed; they are construed strictly in favour of the person charged with the offence. See, however, remarks of Lord Alverstone, C.J., in Dunning v. Swetman, (1909) 1 KB 776.The penalties or forfeitures under these statutes are generally made recoverable by the Crown, or the party aggrieved, or a common informer, as the case may be. See 4 Hen. 7, c. 20; 31 Eliz. c. 3; 18 Eliz. c. 5; 21 Jac. 1, c. 4; the (England) House of Commons (Disqualification) Acts of 1782 and 1801; and Chitty's Statutes, tit. 'Penal Actions.'This remedy is generally designated a penal action; or, where one part of the forfeiture is given to the Crown and the other part to the informer, a popular or qui tam (q.v.) action. For an instance of a recent action...


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