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Contested Matter - Law Dictionary Search Results

Home Dictionary Name: contested matter

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 ...


Heard and finally decided

Heard and finally decided, the proceeding either civil or criminal shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired, Rama Dayal Markarha v. State of Madhya Pradesh, AIR 1978 SC 921: (1978) 2 SCC 630: (1978) 3 SCR 497.The expression 'heard and finally decided' in s. 11,CPC,1908 means a matter on which the court has exercised its judicial mind and has after argument and consideration come to a decision on a contested matter. It is essential that it should have been heard and finally decided, Pandurang Ramchandra Mandlik v. Shantabai Ramchandra Ghatge, AIR 1989 SC 2240 (2249): (1989) Supp 2SCR 1....


Contest

Contest, the meaning of the word 'contest' is according to Black's Law Dictionary, to make defence to an adverse claim in a Court of law, to oppose, 'resist or dispute; to strive to win or hold: to controvert, litigate, call in question, challenge to defend. The contest continues right up to the final decision or, in other words the right to contest comes to an end only when a final decision is given one way or the other putting an end to the litigation between the parties with regard to the alienation, Darshan Singh v. Ram Pal Singh, 1992 Supp (1) SCC 191: AIR 1991 SC 1654. 1665, [Punjab Customs (Power to Contest) Act, (2 of 1920), s. 7]...


contest

contest : to dispute or challenge through legal procedures [ a will] [kÄ n-test] n : a challenge brought through formal or legal procedures [boundary controversies or other s between states "Felix Frankfurter"] ;specif : will contest see also no contest clause ...


Contesting candidate and returned candidate

Contesting candidate and returned candidate, a returned candidate is one who has been elected and a contesting candidate is one who has not withdrawn his candidature under s. 37. In clause (a) of s. 82 the words 'he himself or any other candidate', 'any other candidate' there means any other contesting candidate, Har Swarup v. Brij Bhushan Swarup, AIR 1967 SC 836 (838): (1967) 1 SCR 342. [Representation of the People Act, 1951, s. 82(a)]...


Contesting candidates

Contesting candidates, these contesting candidates within the phraseology which has been used in s. 38 are candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the period prescribed for such withdrawal. These are the contesting candidates within the meaning of that term as used in the Act and they are normally expected to go to the poll, K. Kamaraja Nadar v. Kunju Thevar, AIR 1958 SC 687 (694). [Representation of the People Act, 1951, s. 38]...


contestant

contestant : one that initiates or participates in a contest ...


no contest clause

no contest clause : a clause inserted in a will that causes a legacy to be forfeited if the legatee challenges the will by bringing a will contest ...


Returned candidate and contesting candidate

Returned candidate and contesting candidate, a returned candidate is one who has been elected and a contesting candidate is one who has not withdrawn his candidature under s. 37, Har Swarup v. Brij Bhusan Saran, AIR 1967 SC 836: (1967) 1 SCR 342. [Representation of the People Act, 1951, s. 82(a), 37)]...


no contest

no contest : nolo contendere ...


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