Pending Inquiry - Law Dictionary Search Results
Home Dictionary Name: pending inquiryPending 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....
Pending
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...
Inquiries
Inquiries. Under the Tribunals of Inquiry (Evidence) Act, 1921 (11 Geo. 5, c. 7), upon resolution by both Houses of Parliament, His Majesty or a Secretary of State may appoint a tribunal with all the powers of the High Court, or in Scotland the Court of Session, to inquire into a definite matter of urgent public importance under various statutes. Departmental inquiries may or must in certain circumstances be instituted, e.g., inquiries under the Factory, Local Government, Merchant Shipping (Wreck Inquiries), Housing, Town and Country Planning, Road Traffic and other Acts.The term 'inquiries', as used in Item 94 of List I and Item 45 of List III, without any limitations upon their nature or specification of their character or objects, is wide enough to embrace every kind of inquiry, State of Karnataka v. Union of India, AIR 1978 SC 68: (1978) 2 SCR 1: (1977) 4 SCC 608....
Trial, inquiry
Trial, inquiry, the word 'trial' is not defined either in the Code or in the Act it is clearly distinguishable from inquiry. The word 'inquiry' is defined in s. 2(g) of the Code as 'every inquiry, other than a trial, conducted under this Code by a Magistrate or court.' So the trial is distinct from inquiry and inquiry must always be a forerunner to the trial, Moly v. State of Kerala, (2004) 4 SCC 584 (587). [Criminal PC, 1973, s. 2(g)]...
Inquiry trial
Inquiry trial, The word 'inquiry' is defined in s. 2(g) of the Code as 'every inquiry, other than a trial, conducted under this Code by a Magistrate or court.' The trial is distinct from inquiry and inquiry must always be a forerunner to the trial, Moly v. State of Karnataka, (2004) 4 SCC 584 (587). [Criminal Procedure Code, 1973, s. 2(g)]...
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)]...
Inquiry, writ of
Inquiry, writ of. This is a writ addressed to the sheriff of the county in which the venue is laid, stating the proceedings in an action, and 'because it is unknown what damages the plaintiff has sustained,' commanding the sheriff that, by the oath of twelve men of his county, he diligently inquire into the same, and return the inquisition into court. The writ is necessary after an interlocutory judgment, the defendant having let judgment go by default, to ascertain the quantum of damages.By (English) R.S.C.1883, Ord. XIII., r. 5, it is provided that where the defendant fails to appear and the plaintiff's claim is for detention of goods and damages, or either of them, interlocutory judgment may be entered, and a writ of inquiry shall issue to assess the value of the goods and the damages, or the damages only, as the case may be; see also Ord. XXXVI., r. 57. By Ord. XXXIII., r. 2, the Court or a judge may at any stage of the proceedings in a cause or matter direct any necessary inquirie...
inquiry
inquiry pl: -ries 1 : a request for information [such doubt as would cause a reasonable person to make an ] 2 : a systematic official investigation often of a matter of public interest esp. by a body (as a legislative committee) with power to compel testimony on inquiry : having notice that inquiry should be made ...
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