Adversary Proceeding - Law Dictionary Search Results
Home Dictionary Name: adversary proceedingadversary proceeding
adversary proceeding A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. Source: Administrative Office of the U.S. Courts ...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
adversarial
adversarial : of, relating to, or characteristic of an adversary or adversary procedures : adversary ...
contested matter
contested matter Those matters, other than objections to claims, that are disputed but are not within the definition of an "adversary proceeding". Source: Administrative Office of the U.S. Courts ...
Administrative adjudication
Administrative adjudication, is the process by an administrative agency to issue regulations through an adversary proceeding, Black Law Dictionary, 7th Edn., p. 45....
adversary process
adversary process the method courts use to resolve disputes. Through the adversary process, each side in a dispute has the right to present its case as persuasively as possible, subject to the rules of evidence, and an independent fact finder, either judge or jury, decides in favor of one side or the other. Source: Federal Judicial Center ...
adversary
adversary : one that contends with or opposes another ;esp : any of the opposing parties in a legal action adj : of, relating to, or involving opposing parties or interests ;specif : of, relating to, or involving a system of justice in which opposing parties usually represented by counsel present evidence to an impartial decision-maker (as a jury) by a process of questioning witnesses under the supervision of a judge compare accusatorial, inquisitorial ...
Adversary system
Adversary system, means a procedural system, such as the Anglo-American Legal System, involving active and unhindered parties contesting with each other to put forth a case before an independent decision-maker, Black Law Dictionary, 7th Edn., p. 53....
Proceeding
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. ...
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
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