Pending - Definition - Law Dictionary Home Dictionary Definition pending

Definition :

Pending, For detailed discussion of the term 'pend-ing', see S.D. Saigal v. Vidya Vijan, AIR 1978 All 82.

The word 'pending' will ordinarily mean that the matter is not concluded and the court which has cognizance of it can make an order on the matter in issue. The test is whether any proceedings can be taken in the cause before the court or tribunal where it is said to be pending. The answer is that until the case is concluded it is pending, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1128): (1971) 2 SCC 126: (1971) 3 SCR 881. [Army Act, 1950, s. 126]

A legal proceeding is 'pending' as soon as commenced and until it is concluded, i.e., so long as the Court having original cognizance of it can make an order on the matters in issue, or to be dealt with, therein, Asgarali Nasarali Singparewala v. State of Bombay, AIR 1957 SC 503 (509). [Criminal Law Amendment Act (46 of 1952), s. 10]

Pending, in regard to suits or proceedings for ejectments mean pending before a decree was 'passed by the trial court.' It does not refer to appeal, Shrimati Dasi v. Sihani Bala Mitra, ILR (1951) 1 Cal 559.

Means impending remaining undecided, not terminated, waiting, State of Maharashtra v. Chandrasekhara, (1959) Mah LJ 607.

Means not yet decided in continuance, in suspense, State v. Haridas Mundhra, (1973-74) 78 Cal WN 929.