His Pending - Law Dictionary Search Results
Home Dictionary Name: his pendingPending
Pending, For detailed discussion of the term 'pend-ing', see S.D. Saigal v. Vidya Vijan, AIR 1978 All 82.The word 'pending' will ordinarily mean that the matter is not concluded and the court which has cognizance of it can make an order on the matter in issue. The test is whether any proceedings can be taken in the cause before the court or tribunal where it is said to be pending. The answer is that until the case is concluded it is pending, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1128): (1971) 2 SCC 126: (1971) 3 SCR 881. [Army Act, 1950, s. 126]A legal proceeding is 'pending' as soon as commenced and until it is concluded, i.e., so long as the Court having original cognizance of it can make an order on the matters in issue, or to be dealt with, therein, Asgarali Nasarali Singparewala v. State of Bombay, AIR 1957 SC 503 (509). [Criminal Law Amendment Act (46 of 1952), s. 10]Pending, in regard to suits or proceedings for ejectments mean pending before a decree wa...
Pending adjudication
Pending adjudication, the words 'pending adjudication' cannot be read to exclude cases where the proceedings are still pending in appeal, Union of India v. Onkar S. Kanwar, AIR 2002 SC 3563 (3567). [Kar Vivad Samadhan Scheme Removal of Difficulties Order, 1998, para 2]...
Pending proceedings
Pending proceedings, proceedings for setting aside the arbitral award in appeal is pending proceedings. Any reopening of proceedings will presuppose finality of such proceeding. A thing cannot be said to have become final when statutory proceedings for setting the same are pending, Soorajmull Nagarmull v. Jute Corporation of India Ltd., AIR 2001 Cal 227....
Suits pending
Suits pending, the word suits pending speak of a suit pending on the commencement of the Act and it means a live suit whether in the Court of first instance or in an appeal Court where the judgment of the Court of first instance is being considered, Dayawati v. Inderjit, AIR 1966 SC 1423 (1427). [Usurious Loans Act, 1918, s. 3 as amended by s. 5 Punjab Relief of Indebtedness Act (7 of 1934)]...
pend
pend : to be pending [the action s as to the third party] ...
pending
pending 1 : during the time of 2 : while awaiting : in the time preceding [held in escrow the outcome of the suit] [free trial] ...
Pending
Not yet decided in continuance in suspension as a pending suit...
Pending inquiry
Pending inquiry, means awaiting inquiry which would show that the petitioner could have been suspended even before the initiation of inquiry, Dilip Dineshchand Vaidya v. Board of Management Sheth V.S. Hospital, Ahmedabad, (1998) 1 Guj LR 144....
Proceedings pending before a court
Proceedings pending before a court, means judicial proceedings which started with the submission of a chargesheet or a complaint, or taking cognizance thereon, Satyadhari Choudhary v. State, AIR 1953 Cal 661: 1953 Cr LJ 1540....
In discharge of his duty
In discharge of his duty, In view of the words 'by otherwise abusing his position' read along with the words 'in the discharge of his duty' in s. 5(1)(d) of the Prevention of Corruption Act, 1947, an offence under that section requires that the public servant should misconduct himself in the discharge of his duty, State of Ajmer v. Shivji Lal, AIR 1959 SC 847: (1959) Supp (2) SCR 739. [Prevention of Corruption Act, 1947, s. 5(1)(d)]In discharge of his duty, can have only one meaning and that the officer has a duty to discharge and is discharging it at the particular time. They cannot mean that the officer is acting 'under colour' of his office. He must be acting at the time as a police officer and in the particular manner discharging a duty incumbent upon him as a police officer, Queen Empress v. Dalip, 18 All 246....
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