Proceeding - Definition - Law Dictionary Home Dictionary Definition proceeding

Definition :

Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.

It includes execution proceedings also, Specific Relief Act, 1963, s. 22.

Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. Commercial Tax-Officer, AIR 1968 Mad 76.

Proceeding, is wider in amplitude than the word 'case'. It may also include administrative proceeding, Ram Narian v. Director of Consolidation, AIR 1965 All 172.

Means a prescribed course of action for enforcing a legal right. It indicates a prescribed mode in which judicial business is conducted, Babu Lal v. Hazari Lal Kishori Lal, AIR 1982 SC 818: 1982 (1) SCC 525; Sircar v. Bisweswar Lal Sharma, AIR 1980 Cal 328; Babu A. v. Bhaskar Shetty, 1982 (2) Kant LJ 43; P.L. Kantha Rao v. State of Andhra Pradesh, 1995 (29) ATC 301 (SC): 1995 (2) SCC 471: AIR 1995 SCW 590: AIR 1995 SC 807: 1995 Lab IC 1132

Means a suit, appeal or second appeal, Ratanchand Darbarilal Saina v. Rajendra Kumar Khubchand, AIR 1970 MP 1.

Means during a legal action or process, or any act or forward step taken on an action by the authority of a court of law for concluding judicial business, are litigation in connection with the further progress of a case. The meaning of the word 'proceeding' is generally governed by the statute itself, John Mithalal Desai v. Dinesbhai, 1997 3 Guj LR 2103.

Means something in which business is conducted according to a prescribed made. It include within it all matters coming up for judicial adjudication and not confine to a civil proceeding alone, Ram Chandra Aggarwal v. State of Uttar Pradesh, AIR 1966 SC 1888.

Means the form and manner of conducting judicial business before a court or judicial officer, Black's Law Dictionary, p. 1368.

Means the form in which the action is brought or defended, the manner of intervention of parties, the mode of deciding issues, of opposing judgment and of executing, Collector of Monghyer v. Maharaja Pratap Singh, AIR 1957 Pat 102.

Proceeding, shall include the proceedings at the appellate stage, Mathew M. Thomas v. I.T. Commissioner, AIR 1999 SC 999.

Proceeding, the word 'proceeding' which appears in s. 13A (a). and (b) means suit, appeal or applica-tion for revision according to the Explanation appended to s. 13A. But it is impermissible to extend the meaning of the word 'proceeding' to include an application for special leave under Article 136 of the Constitution. The collocation of the words, 'suit, appeal or application for revision' in the Explanation to denote 'proceeding' would go to show that suits, regular appeals therefrom, as provided under the ordinary law and applications for revision alone are intended. It is inconceivable that if the legislature had intended to include within the ambit of 'proceeding' an application for special leave under Article 136 of the Constitution it would have omitted to mention it in express terms, Gyan Chand v. Kunjbeharilal, AIR 1977 SC 858: (1977)3 SCC 317: (1977) 2 SCR 324.

(ii) The term 'proceeding' is a very comprehensive term and generally speaking means a prescribed course of action for enforcing a legal right. It is not a technical expression with a definite meaning attached to it. But one the ambit of whose meaning will be governed by the statute. It indicates a prescribed mode in which judicial business is conducted. The word 'proceeding' in s. 22 includes execution proceedings also. Execution is a stage in the legal proceedings. It is a step in the judicial process. It marks a stage in litigation. The legislature has given ample power to the court to allow amendment of the plaint at any stage, including the execution proceedings, Babu Lal v. Hazarilal Kishori Lal, AIR 1982 SC 818: (1982) 1 SCC 525: (1982) 3 SCR 94.

(iii) The word 'proceeding' would depend upon the scope of the enactment wherein the expression is used with reference to a particular context where it occurs. It may mean a course of action for enforcing a legal right. In the journey of litigation, there are several stages, one of which is the realisation of the judicial adjudication which attained finality. The word 'proceeding' though has not been defined under s. 29, it is a comprehensive term, P.L. Kantha Rao v. State of Andhra Pradesh, AIR 1995 SC 807: (1995) 2 SCC 471. [Administrative Tribunal Act, 1985, s. 29]

Proceeding, would depend upon the scope of the enactment. Wherein the expression is used with reference to a particular context where it occurs. It may mean a course of action for enforcing a legal right, P.L. Kantha Rao v. State of Andhra Pradesh, AIR 1995 SC 807. [See also Administrative Tribunals Act (13 of 1985) s. 29]