Pending Proceedings - Law Dictionary Search Results
Home Dictionary Name: pending proceedings Page: 3Consolidating actions
Consolidating actions. If several actions between the same parties were brought, and were pending for the same cause, or substantially so, the court may stay the proceedings in all but one. And if two or more actions were brought by the same plaintiff, at the same time, against the same defendant, for causes of action which might have been joined in the same action, the court or a judge, if they deemed the proceeding vexatious or oppressive, would in general compel the plaintiff to consolidate them. Chitty's Arch. Pr. Under the Rules of the Supreme Court, actions maybe consolidated by order as before (R.S.C. 1883, Ord. XLIX., r. 8)....
Scire facias for the Crown
Scire facias for the Crown. The summary proceed-ing by extent is only resorted to when a Crown debtor is insolvent, or there is good ground for supposing that the debt may be lost by delay. in ordinary cases where a debt or duty appears by record to be owing to the Crown, the process for the Crown is a writ of sci. fa. quae executionem non; but should the defendant become insolvent pend-ing this writ, the Crown may abandon the proceed-ing and resort to an extent. Consult Robertson on the Crown. See also AIR 1960 AP 123 (126)....
plea
plea [Anglo-French plei plai legal action, trial, from Old French plait plaid, from Medieval Latin placitum, from Latin, decision, decree, from neuter of placitus, past participle of placēre to please, be decided] 1 a : an allegation of fact in civil litigation made in response to a claim compare demurrer b : a defendant's answer to a plaintiff's claim in civil litigation NOTE: Under the Federal Rules of Civil Procedure, and in states where they have been adopted, civil pleas are abolished, and answers and motions are used instead. Such pleas were used at common law. dil·a·to·ry plea [di-lə-tōr-ē-] : a common-law plea which is intended to defeat the pending action or proceeding without involving any decision on the merits of the case plea in abatement : a plea entered by a party seeking postponement or dismissal of an action by setting forth some matter or defect regarding procedure, jurisdiction, or timing called also plea of abatement plea ...
preserve
preserve pre·served pre·serv·ing 1 : to keep safe from injury, harm, or destruction [expenses necessary to the property] 2 a : to keep valid, intact, or in existence (as pending a proceeding) [the right of a trial by jury shall be preserved "U.S. Constitution amend. VII"] [the dismissal of a chapter 7 case…reinstates certain transfers voided or preserved in the case "J. H. Williamson"] b : to maintain for use or consideration at a later time esp. by keeping a record of [deposed the witness to her testimony] [a party has the option of preserving the objection raised "J. H. Friedenthal et al."] pres·er·va·tion [pre-zər-vā-shən] n ...
Crown paper
Crown paper. A list of proceedings pending on the Crown side of the King's Bench Division of the High Court....
Fitness
Fitness, the expression 'fitness' means that there should not be any adverse entry in the Character Rolls of the concerned person at least three years and no disciplinary proceeding should be pending against him, Dharam Vir Singh Tomar v. Administrator, Delhi Administration, AIR 1991 SC 1924 (1925): 1991 Supp (2) SCC 635....
Tribunal
Tribunal, includes, within its ambit, all adjudicating bodies, provided they are constituted by the State and are invested with judicial, as distinguished from purely administrative or executive functions, Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR 1954 SC 520: 1954 SCJ 723: (1954) 2 Mad LJ 385.Tribunal, labour court is not a tribunal, State of Assam v. Harizon Union, AIR 1967 SC 442: (1967) 30 FJR 354.Means a court or other adjudicating body, Black's Law Dictionary, 7th Edn., p. 1512.Means the Maharashtra Sales Tax Tribunal constituted under s. 11. [Maharashtra Value Added Tax Act, 2002, s. 2(31)]Means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(ze)]1. A court or other adjudicatory body 2. The seat, bench or place where a judge set, Black's Law Dictionary, 7th Edn.The seat of a judge; a Court of justice.As defined by s. 2(r) of the Industrial Disputes Act, 1947, as amen...
Attentates
Attentates, proceedings in a Court of judicature, pending suit, and after an inhibition is decreed and gone out. Those things which are done after an extra-judicial appeal may be styled Attentates, Ayliffe...
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....
Motion
Motion, an occasional application to a Court in the progress of a cause, e.g., a motion for an injunction or the appointment of a receiver pending the trial of the action; or summarily and wholly unconnected with plenary proceedings, as a motion to rectify the register of a company.As to the notice of motion and procedure generally, see R.S.C., Ord. LII.Motion, every question to be decided by the House must be proposed by a member in the form of a motion, the motion is made by a member of the House and a question on it is put by the Chair. Thereupon the decision of the House is obtained, Parliamentary Practice, Erskine, May, 22nd Edn., 1997, p. 328.Motion, is a proposal made in the House of legisla-ture to elicit its decision on a subject, Office of the Speaker in the Parliament of Commonwealth, Wilding and Philip Laundy, p. 481.Motions, are usually expressed in affirmative, Parliamentary Dictionary, L.A., Abraham and S.C. Hawtrey, 1956, p. 122....
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