Pending - Law Dictionary Search Results
Home Dictionary Name: pending Page: 2 Page 2 of about 108 results ( seconds)Such court
Such court, 'Such Court' means in the context of that rule the Court in which the suit is pending. In other words, the suit must be one not only pending in that Court but also one against the holder of a decree of that Court, Shaukat Hussai alias Ali Akram v. Bhuneshwari Devi, AIR 1973 SC 528 (532): (1972) 2 SCC 731: (1973) 1 SCR 1022. (C.P.C., 1908, O. 21 R. 29)(ii) The words 'such Court' used in s. 195(1)(c) mean the very Court before which a party to a proceeding in that Court has produced or tendered in evidence a document in respect of which the offence is alleged to have been committed. Clause (c), means that it is that Court before which there is a proceeding and a party to such a proceeding is said to have committed an offence in respect of a document produced or tendered in evidence by him, on whose complaint the offence can be taken cognizance of, Nirmaljit Singh Hoon v. State of West Bengal, AIR 1972 SC 2639 (2651): (1973) 3 SCC 753: (1973) 2 SCR 66. [Criminal PC, (5 of 1898...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Excercisable
Excercisable, The construction in article 135 of the Constitution of India that it was 'exercisable' only if the matter was actually pending before the Federal Court and that it could not be said to be pending until the appeal is declared admitted under Or. XLV of the CPC is too narrow, and does not give full and proper scope to the meaning of the word 'exercisable' in the article, Dajisaheb Mane v. Shankar Rao Vithal Rao Mane, AIR 1956 SC 29: (1955) 2 SCR 872....
Prorogation
Prorogation, prolonging or putting off to another day.A prorogation is the continuance of the Parliament from one session to another, with the effect that bills, whatever stage they have reached, drop and have to be taken up from the beginning in a succeeding session; an adjournment is a continuation of the session from day to day.Prorogation never extends beyond eighty days, but fresh prorogations may take place from time to time by proclamation. See PARLIAMENT.Under Article 85(2) when the President on the advice of the Prime Minister prorogues the House, there is termination of a session of the House and this is called prorogation. When the House is prorogued, all the pending proceedings of the House are not quashed and pending Bills do not lapse. The prorogation of the House may take place at any time either after the adjournment of the House or even while the House is sitting, Special Reference No. 1 of 2002 (in re Gujarat Assembly Election Matter, (2002) 8 SCC 237 (278). [Constitu...
Letter rogatory
Letter rogatory, 'Letter Rogatory' is a formal communication in writing sent by a Court in which action is pending to a foreign Court or Judge requesting that the testimony of a witness residing within the jurisdiction of that foreign Court may be formally taken thereon under its direction and transmitted to the issuing Court making such request for use in a pending legal contest or action, Union of India v. W.N. Chadha, AIR 1993 SC 1082 (1098): (1993) Supp (4) SCC 260 [Criminal Procedure Code, 1973, s. 166A]...
Receiving order
Receiving order. An order of the court on the petition of a creditor, or of the debtor himself, granted for the protection of the estate on an act of bankruptcy being established. The order con-stitutes the official receiver the receiver of the debtor's property. Legal proceedings against the person or property of the debtor in respect of debts provable in bankruptcy can thenceforth be restrained by the official receiver. The effect of the order is that unless a scheme or composition is accepted by the creditors the debtor is adjudged bankrupt. See (English) Bankruptcy Act, 1914, ss. 3, 7, 37 (2), 107(4), and (English) Bankruptcy Rules, 1915, rr. 179-188A. Receiving orders in bankruptcy, whether or not known to affect land, must be registered at the Land Registry every five years or else the title of the trustee in bankruptcy will be void against a purchaser of a legal estate in good faith for money or money's worth without notice of an available act of bankruptcy under a conveyance ma...
Dissolution
Dissolution, the act of breaking up. A partnership may be dissolved either by a proper notice, or effluxion of time as agreed upon in the Articles of partnership, or by death, marriage, lunacy, bankruptcy, or by judgment of the High Court, (English) Partnership Act,1890 (53 & 54 Vict. c. 39), ss. 32-34.A dissolution is the civil death of the Parliament, and is effected in two ways:- (1) By the sovereign's will, expressed either in person or by representation. (2) By length of time, i.e., five (formerly seven) years. See (English) Parliament Act, 1911; SEPTENNIAL ACT. By the (English) Representation of the People Act, 1867 (30 & 31 Vict. c.102), s. 51, Parliament is not determined or dissolved by the demise of the Crown.When a company has been completely wound up by the Court, the Court must make an order that the company is dissolved from the date of the Order (English) (Companies Act, 1929 s. 221): as to dissolution on a voluntary winding up see ss. 236 and 245 ibid. Under the same s....
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
alimony
alimony [Latin alimonia sustenance, from alere to nourish] 1 : an allowance made to one spouse by the other for support pending or after legal separation or divorce compare child support alimony in gross : lump sum alimony in this entry alimony pen·den·te li·te [-pen-den-tē-lī-tē, -pen-den-tā-lē-tā] : alimony granted pending a suit for divorce or separation that includes a reasonable allowance for the prosecution of the suit called also temporary alimony lump sum alimony : alimony awarded after divorce that is a specific vested amount not subject to change called also alimony in gross per·ma·nent alimony : alimony awarded after divorce which consists of payments at regular intervals that may change in amount or terminate (as upon the payee's remarriage) tem·po·rary alimony : alimony pendente lite in this entry 2 : means of living, support, or maintenance [fathers and mothers owe to their illegitimate children ...
Any Person present in the court
Any Person present in the court, the words 'any person present in the court' in s. 73 has a reference only to such persons who are parties to a cause pending before the court and in a given case may even include the witnesses in the said cause but where there is no cause pending before the court for its determination, the question of obtaining for the purposes of comparison of the handwriting of a person may not arise at all and therefore, the provisions of s. 73 of the Evidence Act would have no application, Sukhvinder Singh v. State of Punjab, (1994) 5 SCC 152 (163): 1994 SCC (Cri) 1376. (Evidence Act, 1872, s. 73)...
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