Proper Party - Law Dictionary Search Results
Home Dictionary Name: proper partyNecessary party, Proper party
Necessary party, Proper party, a necessary party is one without whom no order can be made effectively. A proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding. The addition of parties is generally not a question of initial jurisdiction of the Court but a judicial discretion which has to be exercised in view of all the facts and circumstances of a particular case, Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay, (1992) 2 SCC 524 (528). [C.P.C. 1908, O. 1, R. 10 (2)]...
proper party
proper party 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...
Necessary party
Necessary party, a necessary party is one without whom no order can be made effectively; a proper party is one in whose absence of effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding, Udit Narain Singh Malpaharia v. Additional member Board of Revenue, 1963 Supp (1) 676: AIR 1963 SC 786 (790). [Constitution of India Art. 22]...
Proper law of a contract
Proper law of a contract, refers to the legal system by which the parties to the contract intended their contract to be governed if their intention is expressly stayed or if it can be clearly inferred from the contract itself or its surrounding circumstances, such intention determines the proper law of con-tracts. Where, however, the intention of the parties is not expressly stated and no inference about it can be drawn, their intention as such has no relevance. It that event, the courts endeavour to impute an intention by identifying the legal system with which the transaction has its closest and most real connection, National Thermal Power Corporation v. Singer Company, 1992 (3) SCC 551....
identity
identity pl: -ties 1 : sameness of essential character or aspect [collateral estoppel requires of the issues and the parties] 2 a : separate or distinct existence [when movables lose their or become an integral part of the immovable "Louisiana Civil Code"] b : distinguishing character of a person ;esp : information (as a name or address) that distinguishes a person [is required to reveal the of an informer] [but for a mistake concerning the of the proper party "Federal Rules of Civil Procedure Rule 15(c)"] 3 : the condition of being the same as a thing or person described, claimed, or accused [character evidence of a suspect's past crimes may be admitted to prove the of a crime's perpetrator] ...
Recovery
Recovery, the obtaining a thing by judgment or trial.The regaining or restoration of something lost or taken away, Black's Law Dictionary, 7th Edn., p. 1280.A true recovery is an actual or real recovery of anything, or the value thereof, by judgment; as if a man sue for any land or other thing movable or immovable, and gain a verdict or judgment.A feigned recovery. An abolished common assurance by matter of record, in fraud of the statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, and subsequent charges sub-ordinate to the entail. But incumbrances on the estate-tail equally affected such fee-simple, and any estate or interest prior to the entail remained undisturbed.This assurance consisted of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carr...
Parties
Parties, a suit under s. 92 of the code is thus a representative suit and as such binds not only the parties named in the suit-title but all those who are interested in the trust, R. Venugopala Naidu v. Venkatarayulu Naidu Charities, AIR 1990 SC 444 (447): 1989 Supp (2) SCC 356. (Code of Civil Procedure, s. 92)Persons jointly concerned in any deed or act; litigants.The Rules of the Supreme Court, 1883, Ord. XVI., make very full provision as to the joinder of parties and the consequences of misjoinder and non-joinder. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alter-native. Two or more defendants may be joined, in case the plaintiff is in doubt as to the person from whom he is entitled to redress. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are the trustees or representatives, without joining any of the parti...
Third party
Third party, means a person other than the citizen making a request for information and includes a public authority. [Right to Information Act, 2005 (22 of 2005), s. 2(n)]Means a person other than the person making a request for information and includes a public authority. [Freedom of Information Act, 2002, s. 2(i)]Means one who is not a party to a lawsuit, agreement, or other transaction but who is somehow involved in the transaction, someone other than the principal parties, Black's Law Dictionary, 7th Edn., p. 1489.The phrase used to introduce any one into a scene already occupied by two in a definite relation to one another, as principal and agent, guardian and ward, solicitor and client. See AS AGAINST, AS BETWEEN.As to third-party insurance of motor vehicles; by the (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), s. 35, users of motor vehicles are to be insured against third-party risks. See Part II. of the Road Traffic Act; the (English) Motor Vehicles (Third Party Ris...
Proper
Properly hence to a great degree very as proper good...
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