First Hearing - Law Dictionary Search Results
Home Dictionary Name: first hearingFirst hearing
First hearing, the expression 'first hearing of the suit' in s. 20(4) means the date on which the court proposes to apply its mind to determine the points in controversy between the parties to the suit and to frame issues, if necessary, Advaita Nand v. Judge, Small Cause Court, (1995) 3 SCC 407 (410); see also Sudershan Devi v. Sushila Devi, AIR 1999 SC 3688: (1999) 8 SCC 31. [U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 s. 20(4) Expl. (a) inserted by U.P. Act (28 of 1976)]Meant after framing of issues when the suit would be posted for production of evidence, Ved Prakash Wadhwa v. Vishwa Mohan, (1995) 3 SCC 407; Advaita Nand v. Judge, Small Cause Court, Meerut, (1983) 3 SCC 667....
First hearing of application
First hearing of application, The word first hearing of the application as used in proviso (i) to sub-s. (2) of s. 13 of the East Punjab Urban Rent Restriction Act, 1949 does not mean the day fixed for return of the summons or the returnable day but the day when the Court applies its mind to the case, Sham Lal v. Atma Nand Jain Sabha, AIR 1987 SC 197: (1987) 1 SCC 222: (1987) 1 SCR 509....
Date of first hearing
Date of first hearing, is the date on which the court proposed to apply its mind to determine the points in controversy and to frame issues, Suraj Ahmed Siddique v. Prem Nath Kapoor, AIR 1993 SC 2525 (2528). [Uttar Pradesh Urban Buildings. [Regulation of Letting, Rent and Eviction) Act (13 of 1972), s. 20(4)]...
Hearing
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 va...
hearing
hearing 1 : a proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision-making authority compare trial NOTE: The purpose of a hearing is to provide the opportunity for each side of a dispute, and esp. a person who may be deprived of his or her rights, to present its position. A hearing, along with notice, is a fundamental part of procedural due process. Hearings are also held, as for example by a legislature or an administrative agency, for the purpose of gathering information and hearing the testimony of witnesses. administrative hearing : a hearing conducted by an official (as an administrative law judge) or a body (as a review board) of an administrative agency regarding an agency action and esp. an action under dispute confirmation hearing 1 : a hearing conducted by the U.S. Senate to examine a nominee for the U.S. Supreme Court NOTE: Article II of the U.S. Constitution provides ...
Step or proceeding
Step or proceeding, explanation (a) to s. 20(4) of the U.P. Act, provides: 'For the purposes of this sub-s.:- (a) the expression 'first hearing' meant the first date for any step or proceedings mentioned in the summons served on the defendant. The step or proceeding mentioned in the summons referred to in the definition should be construed to be a step or proceeding to be taken by the Court for it is, after all, a 'hearing' that is the subject-matter of the definition, unless there be something compelling in the said Act to indicate otherwise. Further, it is not possible to construe the expression 'first date for any step or proceeding' to mean the step of filing the written statement, though the date for that purpose may be mentioned in the summons, for the reason that, it is permissible under the Code for the defendant to file a written statement even thereafter but prior to the first hearing when the Court takes up the case, since there is nothing in the said Act which conflicts wit...
Further consideration
Further consideration, the postponed considera-tion by a judge of a cause or of some question in it. In the Chancery Division in actions for administra-tion, partition, and the like, it is usual at the first hearing merely to direct accounts and inquiries and to adjourn the further consideration of the cause. When the Master has made his certificate as to the result of the accounts and inquiries the action comes on for hearing on further consideration when any outstanding questions of law are determined by the Court and the action is finally disposed of; though in some rase cases a second or even a third further consideration may be necessary. See (English) R.S.C., Ord. XXXVI., r. 21; Dan. Ch. Pr. In the King's Bench Division, if there are important legal questions raised, the judge sometimes does not give judgment at once, but reserves the matter for further consideration...
hear
hear heard hear·ing 1 a : to give a hearing to [the court heard the claims] [the judge agreed to argument on the objection] b : to conduct a hearing about [the magistrate's authority to a matter properly before him] 2 a : to take testimony from [the committee will 30 witnesses] b : to take (as testimony) at a hearing [the judge heard statements from the victim's family] ...
ex parte
ex parte [Medieval Latin, on behalf (of)] : on behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party [an ex parte motion] [relief granted ex parte] used in citations to indicate the party seeking judicial relief in a case [Ex Parte Jones, 7 U.S. 2 (1866)] compare in re, inter partes ...
Hear
To perceive by the ear to apprehend or take cognizance of by the ear as to hear sounds to hear a voice to hear one call...
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