Permissive Joinder - Law Dictionary Search Results
Home Dictionary Name: permissive joinderpermissive joinder
permissive joinder see joinder ...
permissive
permissive 1 : based on or having permission [ occupancy] [a user of the vehicle] 2 : granting permission or discretion (as to the court) [a statute] 3 : not compulsory: as a : allowed or made under a standard, rule, or provision that permits discretion or an option see also permissive intervention at intervention permissive presumption at presumption compare compulsory b : allowed under modern rules of civil procedure although not arising from the same transaction or occurrence as the one at issue in the original claim [a counterclaim] see also permissive joinder at joinder per·mis·sive·ly adv per·mis·sive·ness n ...
joinder
joinder [Anglo-French, from joinder to join, from Old French joindre, from Latin jungere] : the act or an instance of joining: as a : a joining of parties as coplaintiffs or codefendants in a suit ;also : a joining of claims by one or more plaintiffs in a suit see also misjoinder compare counterclaim, cross-claim, impleader, interpleader, intervention, sever collusive joinder : an addition of a party to a suit made for the purpose of manufacturing federal jurisdiction NOTE: Under the Federal Rules of Civil Procedure a federal district court will not have jurisdiction when collusive joinder is made. compulsory joinder : joinder of a party to a suit required by the court when the party is indispensable to complete relief for parties already involved or when the party claims an interest that may substantially affect the other parties or may be put at risk by the action joinder of remedies : a joining of two claims in one action even though one cannot be recognized until the othe...
Permission
Permission, 'permission' is a word of wide import and may even survive the death of the person who permits. Manohar Nathusao Samarth v Marotrao AIR 1979 SC 1084 (1088): (1979) 4 SCC 93: (1979) 3 SCR 1078.Permission means factual permission and not given the right to a person as an occupant under s. 5(1)(b) of the Jagirs Abolition Act. Thakoreshri Naharasinghji Dolatsinghji v. State of Gujarat, AIR 1980 SC 59: (1979) 4 SCC 291: (1980) 1 SCR 290. [Bombay Land Revenue Code, s. 40]The word 'permission' is comprehensive enough to include subsequent permission, L.I.C. of India v. Escorts Ltd., AIR 1986 SC 1370: (1986) 1 SCC 264: (1985) Supp 3 SCR 909.The word 'permission is a word of wide import. 'Permission' in s. 21 of the Foreign Exchange Regulation Act, 1947 means only leave to do some act which but for the leave would be illegal, M/s. Dhanrajamal Gobindram v. Shamji Kalidas and Co., AIR 1961 SC 1285 (1290). (FERA, 1947, s. 21)Permission, includes, subsequent permission, L.L.C. v. Escort...
collusive joinder
collusive joinder see joinder ...
compulsory joinder
compulsory joinder see joinder ...
joinder of remedies
joinder of remedies see joinder ...
Joinder of causes of action
Joinder of causes of action, coupling two or more matters in the same suit or proceeding.Under the (English) C.L.P. Act, 1852, s. 41, causes of action, of whatever kind, provided they were by and against the same parties and in the same rights, might be joined in the same suit; but this did not extend to repelling or ejectment; and where two or more of the causes of action so joined were local, and arose indifferent counties, the venue might be laid in either of such counties, but the court or a judge had power to prevent the trial of different causes of action together if such trial wound be inexpedient, and in such case such court or judge might order separate records to be made up, and separate trials to be had. The joinder in one bill in equity of distinct and independent matters, which was termed multifariousness, was a ground of objection to the bill. See MULTIFARIOUSNESS.By (English) R.S.C. 1883, Ord. XVIII., the plaintiff may in many cases unite in the same action and the same ...
Exemption, permission
Exemption, permission, Foreign Exchange Regula-tion Act, uses diverse words like, 'authorise', 'exempt' and 'permission' in different parts. The word 'exempt' shows that a person is put beyond the application of law, while 'permission' shows that he is granted leave to act in a particular way. But the word 'permission' is a word of wide import. 'Permission' in this s. means only leave to do some act which but for the leave would be illegal. In this sense, exemption is just one way of giving leave, Dharrajamal Gobindram v. Sharmji Kalidas, AIR 1961 SC 1285 (1290). [Foreign Exchange Regulation Act, (7 of 1947), ss. 21, 5]...
Permissible area
Permissible area, in relation to a land-owner or a tenant, means thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceeds sixty acres such sixty acres. Provided that (i) ... (ii) for a displaced person - (a) who has been allotted land in excess of fifty standard acres, the permissible area shall be fifty standard acres or one hundred acres, as the case may be; (b) who has been allotted land in excess of thirty standard acres, but less than fifty standard acres, the permissible area shall be equal to his allotted area; (c) who has been allotted land less than thirty standard acres the permissible area shall be thirty standard acres, including any other land or part thereof, it any, that he owns in addition. Explanation: For the purposes of determining the permissible area of a displaced person, the provisions of proviso (ii) shall not apply to the heirs and successors of the displaced person to whom land is allotted. Munshi Ram v. Financi...
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