Party - Page 3 - Law Dictionary

Recognised political party

Recognised political party, means a national party or a State party recognised as such by the Election Commission of India by notification for the time being in force. [West Bengal Panchayat Election Act, 2003, s. 2(23)]...

Tutius semper est errare acquietando quam in puniendo, ex parte misericordia quam ex parte justitia

Tutius semper est errare acquietando quam in puniendo, ex parte misericordia quam ex parte justitia (H.H. P.C. 290), it is always safer to err in acquitting than in punishing: on the side of mercy, then of strict justice....

Not yet become binding on the parties

Not yet become binding on the parties, the expression 'not yet become binding on the parties' in Article V(1)(e) of the New York Convention postulates that the Convention has visualised as award which becomes binding at a point of time later than the making of the award. In other words the provision has in its contemplation the fact that an award in some cases may become binding only at a later stage. The award which is sought to have been enforced as foreign award will have thus to be tested with reference to the key words contained in Article V(1)(e) of the Convention and the question will have to be answered whether the award has become binding on the parties or has not yet become binding on the parties. The test has to be applied in the context of the law of the country governing the arbitration proceedings or the country under the law of which the award was made, Oil and Natural Gas Commission v. Western Company of North America, AIR 1987 SC 674 (684): (1987) 1 SCC 496: (1987) 1 S...

accommodated party

accommodated party see party ...

third party

third party see party ...

Waring, Ex parte, Rule of

Waring, Ex parte, Rule of. The principle established in Ex parte Waring, (1815) 19 Ves. 345, that securities held by the acceptor of a bill against his acceptances are available to the bill-holders if both acceptor and drawer are insolvent, even though the bill-holders had no knowledge that the securities had been appropriated for the purpose....

Time Charter-party

Time Charter-party, a time charter, is 'one in which the ownership and also possession of the ship remain in the original owner whose remuneration or hire is generally calculated at a monthly rate on the tonnage of the ship, while a voyage charter is a contract to carry specified goods on a defined voyage on a remuneration or freight usually calculated according to the quantity of cargo carried'. In Carver's Carriage by Sea, it is stated that 'all charter-parties are not contracts of carriage. Sometimes the ship itself, and the control over her working and navigation, are transferred for the time being to the persons who use her. In such cases the contract is really one of letting the ship, and, subject to the express terms of the charter-party, the liabilities of the ship owner and the charterers to one another are to be determined by the law which relates to the hiring of chattels, and not by reference to the liabilities of carriers and shippers'. According to Scrutton on Charter-par...

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