Third Party Claim - Law Dictionary Search Results
Home Dictionary Name: third party claim Page: 2Parties
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...
jus tertii
jus tertii [Latin] : a right of a third party (as to property in another's possession) ;also : the right to assert the rights of another in a lawsuit NOTE: In property actions the claims of a third party on the property cannot usually be asserted as a defense by a litigant. A litigant may, however, have third-party standing to assert another's constitutional rights (as when an organization asserts the rights of its members) if there is a substantial relationship between the litigant and the third party, if it is impossible for the third party to assert its own rights, and if there is the risk that the third party's rights will be diluted without the litigant's assertion. ...
third-party standing
third-party standing : standing sometimes granted to a party claiming to protect the rights or interests of a third party compare batson challenge NOTE: Third-party standing is granted esp. when a statute is challenged as unconstitutionally overbroad or when a party (such as a criminal defendant) challenges the exclusion of a juror who is being denied equal protection by being excluded esp. because of race or gender. ...
third-party complaint
third-party complaint : a complaint filed against a third party by a defendant or plaintiff alleging that the third party is liable for all or part of a claim or counterclaim in dispute between the original parties ...
impleader
impleader : the act or procedural device of impleading a third party ;specif : a petition or complaint brought in a lawsuit by a plaintiff or defendant against a third party who may be liable to that plaintiff or defendant called also third-party practice compare counterclaim, cross-claim, interpleader, intervention, joinder ...
subrogation
subrogation 1 : an equitable doctrine holding that when a third party pays a creditor or obligee the third party succeeds to the creditor's rights against the debtor or obligor ;also : a doctrine holding that when an insurance company pays an insured's claim of loss due to another's tort the insurer succeeds to the insured's rights (as the right to sue for damages) against the tortfeasor called also equitable subrogation 2 : an act or instance of subrogating [where an insurer has acquired by an assignment or by the right to recover for money "J. M. Landers et al."] NOTE: Subrogation can take place either by operation of law or by contractual agreement. ...
Circuity of action
Circuity of action, a longer course of proceeding to recover a thing sued for than is needful--Terms de la Ley; also a general term denoting inter alia a multiplicity of law suits. Wherever the rights of the litigant parties were such that the defendant would be entitled to recover back from the plaintiff the same sum which the plaintiff sought to recover, the defendant might plead the facts which constitute such right as a defence, in order to avoid circuity of action, Bullen & Leake, Prec. of Plead., 3rd ed., p. 558. Now all the counterclaims may be raised in the defence to an action. See Jud. Act, 1873, s. 24(3), and Judicature Act, 1925, s. 39; see also ss. 59 (2) and 61 of the Bills of Exchange Act, 1882. See COUNTERCLAIM.One of the most beneficial functions of the Chancery Courts was exercised in its concurrent jurisdiction under which all parties concerned were brought before the Court before deciding an action, and see also the third party procedure under R.S.C. Ord. XVI., r. 4...
Contribution
Contribution, to any fund shall not include any sums in repayment of loan. [Income-tax Act, 1961 (43 of 1961), s. 80C(8)(ii)]Means the sum of money payable to the corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act. [Employees' State Insurance Act, 1948 (34 of 1948), s. 2(4)]The word 'contribution' used in the proviso must also be given its due meaning. It cannot be understood as donations. If that be so, a voluntary contribution cannot amount to a compulsive donation. If the donor, in order to gain an advantage or benefit, if he apprehends that but the contribution some adverse consequence would follow, makes a donation certainly it ceases to be voluntary, Municipal Corpn. of Delhi v. Children Book Trust, AIR 1992 SC 1456 (1472): (1992) 3 SCC 390. [Delhi Municipal Corporation Act, 1957, (66 of 1957), s. 115(4)(a), Proviso]The performance by each of two or more pers...
interplead
interplead [Anglo-French enterpleder, from enter- between, among + pleder to plead, from Old French plaidier] vt : to bring (adverse claimants) into court by interpleader [the defendants can injured stock purchasers if they fear the latter may have a superior claim…to the agents' illicit profits "R. C. Clark"] compare implead, intervene vi : to go to trial with each other in order to settle adverse claims to property held by or an obligation owed by a third party (as an insurance company) [may be joined as defendants and required to when their claims are such that the plaintiff is or may be exposed to double or multiple liability "Official Code of Georgia Annotated"] ...
joint enterprise
joint enterprise 1 : joint venture 2 : an undertaking of two or more parties for a common purpose in which each shares a common interest and an equal right of control (as of a vehicle) NOTE: In regard to a tort involving such an enterprise, a third party may impute negligence of one party (as a driver) to another in the enterprise. ...
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