Representative Party - Law Dictionary Search Results
Home Dictionary Name: representative partyrepresentative party
representative party a party who sues on behalf of the class in a class action. The claims or defenses of the representative party must be typical of the class, and the representative party must protect the interests of the class. See class action. Source: Federal Judicial Center ...
Legal representative
Legal representative, a 'legal representative' ordinarily means a person who in law represents the estate of a deceased person or a person on whom the estate devolves on the death of an individual, Gujarat State Road Transport Corporation v. Ramanbhai Prabhat Bhai, AIR 1987 SC 1690 (1699): (1987) 3 SCC 234: (1987) 3 SCR 404. [Motor Vehicles Act, (4 of 1939), s. 92A]The definition of 'legal representatives' includes heirs as well as persons who represent the estate even without title either as executors or administrators in possession of the estate of the deceased, Custodian of Branches of BANCO National Ultramarino v. Nalini Bai Naique, AIR 1989 SC 1589 (1591): (1989) Supp 2 SCC 275: (1989) 2 SCR 810.It has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908. [Wealth-tax Act, 1957, s. 2 (lb)]It means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased person, and...
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...
class action
class action : an action in which a representative plaintiff sues or a representative defendant is sued on behalf of a class of plaintiffs or defendants who have the same interests in the litigation as their representative and whose rights or liabilities can be more efficiently determined as a group than in a series of individual suits called also class action suit class suit see also certification compare consolidate, joinder test case at case NOTE: Rule 23 of the Federal Rules of Civil Procedure sets out the prerequisites for having an action certified as a class action in federal court. Section (a) permits a class action if “(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.” If th...
Representative
Representative, bearing the character or power of another. Before 1926, an heir-at-law or devisee was a real representative; an executor or administrator is a personal representative. See now definition in the (English) Settled Land Act, 1925, s. 117 (xviii.), and Administration of Estates Act, 1925, s. 55 (xi.). If the plaintiff sues, or any of the defendants is sued, in a representative character, this must be stated on the writ, and must also appear in the title or heading of the statement of claim [Ord. III., r. 4; Re Tottenham, (1896) 1 Ch 628], and Ord. XVI., r. 19, as to representation of parties in an action.One who stands for or act on behalf of another, Black's Law Dictionary, 7th Edn., p. 1304...
personal representative
personal representative : one recognized as the representative of another party or his or her interests ;specif : an executor or administrator who may bring or be subject to an action or proceeding for or against a deceased person and his or her estate [when a person who has brought an action for personal injury dies pending the action, such action may be revived in the name of his personal representative "Code of Virginia"] ...
Any party bound by the award
Any party bound by the award, the expression 'any party bound by the award' refers to all workmen bound by the award, notice to terminate the said award can be given not by a individual workman but by a group of workmen acting collectively either through their union or otherwise, and it is not necessary that such a group or the union through which it acts should represent the majority of workmen bound by the award, Associated Cement Companies v. Workmen, AIR 1960 SC 777 (781). [Industrial Disputes Act, 1947, s. 19(6)]...
Real representative
Real representative. The name formerly given to a personal representative on whom real estate devolved on the death of any person between the 31st December, 1897, and the 1st January, 1926, under the provisions of the (English) Land Transfer Act, 1897.Prior to the commencement on the 1st of January, 1898, of the (English) Land Transfer Act, 1897 [see (English) TRANSFER OF LAND ACTS], the real estate of a deceased person vested in his heir, heiresses, or devisees, and his personal estate in his executors or administrators. The (English) Land Transfer act, 1897, (60 & 61 Vict. c. 65), reproduced and extended by the (English) Administration of Estates Act, 1925, established a real representative in the person of the executor or administrator of any person dying after the commencement of that Act, in whom all his real estate except copyhold was vested notwithstanding his will, unless, as in a joint tenancy, any other person had a right to take by survivorship, so that one and the same pers...
representative
representative 1 : serving to represent 2 a : standing or acting for another esp. through delegated authority [an agent acting in a capacity] b : of, based on, or constituting a government in which the people are represented by individuals chosen from among them usually by election 3 : of or relating to representation n : one that represents another or others in a special capacity: as a : one that represents a constituency as a member of a legislative or other governing body ;specif : a member of the House of Representatives of the U.S. Congress or a state legislature b : one that represents another as agent, deputy, substitute, or delegate and that usually is invested with the authority of the principal c : one that represents or stands in the place of a deceased person : personal representative d : one that represents another as successor or heir e : one named as the plaintiff or defendant in a class action to litigate on behalf of the class ...
Assent of personal representatives
Assent of personal representatives, At Common Law the personal estate passing by the will of a deceased person, including chattels real vested in the executor, virtute officii. The property passed to the legatee as soon as the executors assented to the bequest. The transfer was made not by the mere force of the assent but by virtue of the will, Attenborough v. Solomon, 1912 AC 76, and the assent might be given to one executor. No formalities were required. The assent might be implied, for instance, in the case of lease holds, by letting the person entitled into possession or the receipt of rent and profits, but the assent was required to be definite and unambiguous. When given it related back to the date of death and as a rule it could not be withdrawn [but see Whittaker v. Kershaw (1890), 45 CD 320]. This is still the law in regard to pure personalty, excluding chattels real. Before the (English) Land Transfer Act, 1897 (60 & 61 Vict. c. 65) real estate passed to the heir-at-law of th...
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