Party Aggrieved - Law Dictionary Search Results
Home Dictionary Name: party aggrieved Page: 2Person aggrieved
Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...
aggrieved person
aggrieved person : aggrieved party at party ...
restitution
restitution 1 a : a restoration of something to its rightful owner b : a making good of or giving an equivalent for some injury 2 a : the equitable remedy of restoring to an aggrieved party that which was obtained in unjust enrichment b : a remedy for breach of contract that consists of restoring the aggrieved party to the status quo that existed before the contract was made 3 : an amount to be paid for the purpose of restitution [ordered to pay to the victim of his crime] compare fine res·ti·tu·tion·al [res-tə-tü-shə-nəl, -tyü-] adj res·ti·tu·tion·ary [res-tə-tü-shə-ner-ē, -tyü-] adj res·ti·tu·tive [res-tə-tü-tiv, -tyü-] adj res·ti·tu·to·ry [res-tə-tü-tə-rē, -tyü-; rə-sti-tyə-tōr-ē] adj ...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
Abatable nuisance
Abatable nuisance, means a nuisance so easily removable that the aggrieved party may lawfully cure the problem without notice to the liable party, such as overhanging tree branches, Black Law Dictionary, 7th Edn., p. 1094....
Civil proceeding
Civil proceeding, there is no ground for restricting the expression 'civil proceeding' only to those proceedings which arise out of civil suits or proceedings which are tried as civil suits, nor is there any rational basis for excluding from its purview proceedings instituted and tried in the High Court in exercise of its jurisdiction under Art. 226, where the aggrieved party seeks relief against infringement of civil rights by authorities purporting to act in exercise of the powers conferred upon them by revenue statutes, CIT, Bombay v. Iswarlal Bhagwandas (1966) 1 SCR 190.The words 'civil proceeding' used in Art. 133 of the Constitution cover all proceedings which directly affect civil rights, Arbind Kumar Singh v. Nand Kishore Prasad, (1968) 3 SCR 322: AIR 1968 SC 1227 (1229).The expression in our judgment covers all proceedings in which a part asserts the existence of a civil right conferred by the civil law or by statute, and claims relief for breach thereof, Cultivable land, S.A....
Court immediately below and Court subordinate to the High Court
Court immediately below and Court subordinate to the High Court, the expressions 'a Court immediately below' and 'a Court subordinate to the High Court' had different meanings, and were therefore not one and the same. The test for determining whether an aggrieved party has a right to appeal, other conditions being fulfilled, is not whether the judgment is of a Court subordinate to the High Court but whether the judgment is of a court immediately below and that a single Judge of the High Court hearing a proceeding either as a Court of original jurisdiction or in exercise of appellate jurisdiction is a Court immediately below the Division Bench which hears an appeal against his judgment under the relevant clause of the Letters Patent, A. Rangaswamy Iyengar v. Pattamal, AIR 1971 SC 658 (659). [Constitution of India, Art. 133(1)(a)]...
May make such enquiry and pass such order thereon
May make such enquiry and pass such order thereon, The expression 'may make such enquiry and pass such order thereon' does not confer any absolute discretion on the Commissioner. In exercise of the power the Commissioner must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party, and decide the dispute according to procedure consistent with the principles of natural justice: he cannot permit his judgment to be influenced by matters not disclosed to the assessee, nor by dictation of another authority, Sirpur Paper Mills Ltd. v. Commissioner of Wealth Tax, AIR 1970 SC 1520: (1970) 1 SCC 795: (1971) 1 SCR 304...
A court immediately below
A court immediately below. The expression 'a court immediately below' and a court subordinate to the High Court have different meanings, and are, therefore, not one and the same. The test for determining whether an aggrieved party has a right to appeal, other conditions being fulfilled, is not whether the judgment is of a court subordinate to the High Court but whether the judgment is of a court immediately below, and that a Single Judge of the High Court hearing a proceeding either as a court of original jurisdiction or in exercise of appellate jurisdiction is a court immediately below the Division Bench which hears an appeal against his judgment under the relevant clause of the Letters Patent, A. Rangaswamy Iyengar v. Pattammal, AIR 1971 SC 658 (659): (1971) 1 SCC 274....
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
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