Civil Proceeding - Law Dictionary Search Results
Home Dictionary Name: civil proceedingCivil proceeding
Civil proceeding, there is no ground for restricting the expression 'civil proceeding' only to those proceedings which arise out of civil suits or proceedings which are tried as civil suits, nor is there any rational basis for excluding from its purview proceedings instituted and tried in the High Court in exercise of its jurisdiction under Art. 226, where the aggrieved party seeks relief against infringement of civil rights by authorities purporting to act in exercise of the powers conferred upon them by revenue statutes, CIT, Bombay v. Iswarlal Bhagwandas (1966) 1 SCR 190.The words 'civil proceeding' used in Art. 133 of the Constitution cover all proceedings which directly affect civil rights, Arbind Kumar Singh v. Nand Kishore Prasad, (1968) 3 SCR 322: AIR 1968 SC 1227 (1229).The expression in our judgment covers all proceedings in which a part asserts the existence of a civil right conferred by the civil law or by statute, and claims relief for breach thereof, Cultivable land, S.A....
Civil nature
Civil nature, The word 'civil' according to dictionary means 'relating to the citizen as an individual; civil rights'. In Black's Law Dictionary it is defined as 'relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings'. In law it is understood as an antonym of criminal. Historically the two broad classifications were civil and criminal. Revenue, tax and company etc. were added to it later. But they too pertain to the larger family of 'civil'. There is thus no doubt about the width of the word 'civil'. Its width has been stretched further by using the word 'nature' along with it. That is even those suits are cognizable which are not only civil but are even of civil nature. In Article 133 of the Constitution an appeal lies to this Court against any judgment, decree or order in a 'civil proceeding'. The word 'nature' has been defined as 'the fundamental qualities of a person or thing; identity or essential character; sort; kind; character'....
Carucate
Carucate [fr. Carucata terr'], Carvage,or Carve of land, a plough-land of 100 acres, or according to Skene, as much land as may be tilled in a year and a day by one plough, Ken. Glos. 'And one plow land, carucata terr', or a hide of land, hida terr' (which is all one), is not of any certain content, but as much as a plow can by course of husbandry plough in a year.'-Co. Litt. 69 a. This quantity varies in different counties from 60 to 120 acres.Case, includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2(1)(a)]Means--(1) A trial. (2) A trial involving some point of law so important as to be published in Law Reports (see that title) for future use as a precedent. (3) A statement of facts and documents, raising a point of law, submitted for the opinion of counsel. See PRECEDENTS. (4) includes a suit or any proceeding before a court. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2 (1) (a)]. (5) The expression 'case' is not limit...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Outlawry
Outlawry [fr. utlagaria, Lat.], the being put out of the law for contempt in wilfully avoiding the execution of the process of the King's Court.Outlawry has long been obsolete in civil proceedings, and is formally abolished by the Civil Procedure Acts Repeal Act, 1879 (42 & 43 Vict. c. 59), in civil proceedings. In criminal proceedings it is practically disused, but is formally kept alive by the Forfeiture Act, 1870 (33 & 34 Vict. c. 23), which Act, while abolishing forfeiture for felony expressly provides that nothing therein shall affect the law of forfeiture consequent on outlawry; and the procedure in and for reversal of outlawry is given in Rules 88-110 of the Crown Office Rules of 1906.The maxim applicable to outlaws is, 'let them be answerable to all, and none to them.' Utlagatus est quasi extra legem positus; caput gerit lupinum. 7 Co. 14, (An outlaw is, as it were, placed outside the law; he bears the head of a wolf.) Accordingly, any person outlawed is civiliter mortuus. He c...
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. ...
Cause
Cause, a suit or action; motive or reason; that which produces an effect.Includes any action, suit or other original proceeding between a plaintiff and defendant. Generally speaking, discovery is granted there in all proceedings except purely criminal proceedings, and civil proceedings where the action is brought merely to establish a forfeiture or enforce a penalty, M.L. Sethi v. R.P. Kapur, (1973) 1 SCR 697: (1972) 2 SCC 427: AIR 1972 SC 2379 (2382). (Civil P.C. 5 of 1908)Cause, involves some degree of dominance or control, or some express or positive mandate, from the person 'causing' McLeod (or Houston) v. Buchanan, (1940) 2 All ER 179, Halsbury's Laws of England, Vol. 3(2), para 698, p. 379....
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...
Subp'na
Subp'na [from sub, Lat., under, and p'na, penalty], a writ commanding attendance in court under a penalty. It bears a close analogy to the citation, or vocatio in jus of the Civil and Canon Laws. There are several kinds of subp'na.At Common Law there are two to compel the attendance of witnesses:-(1) Subp'na ad testificandum, the common subp'na, which is personally served upon a witness, in order to compel him to attend the trial or inquiry, to give evidence.(2) Subp'na duces tecum; this is personally served upona person, who has in his possession any written instrument, etc., the production of which in evidence is desired. Such a person need not be sworn, and in that case he cannot be cross-examined. Se DUCES TECUM.These subp'nas are also used in criminal proceedings; four witnesses can be included in one subp'na, whether in civil or criminal cases.For rules as to service, etc., of subp'na see (English) R.S.C. 1883, Ord. XXXVII., rr. 26-34, and for the different forms of subp'na, see ...
commitment
commitment 1 : an act of committing: as a : placement in or assignment to a prison or mental hospital [petition for ] compare incompetent, interdiction NOTE: Commitment to a mental health facility is called civil commitment when it is not part of a criminal proceeding. Civil commitment proceedings are initiated by the patient, in the case of voluntary commitment, or by someone (as a family member or government agent) authorized by statute to petition for the patient's involuntary commitment. Some form of a hearing and periodic review is required in involuntary commitment proceedings. A criminal defendant may be committed to a mental hospital as a result of being found incompetent to stand trial, not guilty by reason of insanity, or incompetent to be sentenced. b : an act of referring a matter to a legislative committee c : a warrant committing someone to a prison 2 : an agreement or promise to do something in the future ;esp : a promise to assume a financial obligation at a fu...
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