Entertain - Definition - Law Dictionary Home Dictionary Definition entertain

Definition :

Entertain, means 'file or received by the High Court' and it has no reference to the actual hearing of the application for leave to appeal; otherwise the result would be that in many cases applications for leave to appeal would be barred because the applications have not been put up for hearing before the High Court within 60 days of the order of acquittal, Lala Ram v. Hari Ram, (1969) 3 SCC 173: AIR 1970 SC 1093: (1970) 2 SCR 898.

The expression 'entertain' in proviso to cl. (b) of Or. 21, r. 90,Civil Procedure Code,1908 means 'adjudicate upon' or 'proceed to consider on merits' and not 'initiation of proceeding', Hindusthan Commercial Bank Ltd. v. Punnu Sahu (1971) 3 SCC 124: AIR 1970 SC 1384. [Civil Procedure Code, 1908 (As amended by Allahabad High Court) O. 21, R. 90]

Means shall not admit to consideration, Nanu Vasudevan v. Kalikarthiayaniamma, AIR 1991 Ker 233.

Meaning 'institute' , Martin & Harris Ltd. v. VIth Additional Distt. Judge, (1998) 1 SCC 732.

Means 'to adjudicate upon' or 'to proceed to consider on merits' and did not means initiation of proceed-ing, Hindusthan Commercial Bank, AIR 1968 SC 468: (1968) 1 SCR 505: 21 STC 154; Martin & Harris Ltd. v. VIth Additional Distt. Judge, (1998) 1 SCC 732.

To bear in mind or consider; esp. to give judicial consideration to the court that entertained motions for continuance, Black's Law Dictionary, 7th Edn.