Hearing - Definition - Law Dictionary Home Dictionary Definition hearing

Definition :

Hearing, an investigation of a controversy. See TRIAL.

A judicial session, usu. open to the public, held for purpose of deciding issues of fact or of law, sometimes with witnesses testifying, Black's Law Dictionary, 7th Edn., p. 725.

Traditionally, testimony that is given by a witness who relates not what he or she knows personals but what others have said, and that is therefore dependent on the credibility of some one other than witness, Black's Law Dictionary, 7th Edn., p. 725.

Word hearing can admit of a very wide and liberal interpretation. It may include recording of evidence, consideration of arguments on some aspect of suit, examination of various questions relating to suit and so on. The essential perquisite is whether the Judge is applying his mind to some aspect of the case. If he is conducting some routine work or passing interlocutory orders, he can't be said to be 'hearing the suit', Sham Lal v. Rajinder Kumar Modi, AIR 1993 J&K 50. In a suit, 'hearing' can be conducted at various stages. It does not necessarily imply the last hearing at the time of final adjudication. Going by the scheme and purpose of O. 9, C.P.C. hearing contemplated therein is the first hearing required to be conducted in terms of summons which may have been issued to the defendant under O. 5, r. 1. It does not envisage an adjourned hearing which is taken care of by O. 17, C.P.C. [J.&K. C.P.C. (10 of 1977 Svt.)].