Proceeding - Page 2 - Law Dictionary

Other legal proceeding

Other legal proceeding, the expression 'other legal proceeding' must be read ejusdem generis with the preceding words 'suit' and prosecution as they constitute a genus. The penalty and adjudication proceedings in question did not fall within the expression 'other legal proceeding' employed in s. 40(2) of the Act as it stood prior to its amendment by Act 22 of 1973, Assistant Collector of Central Excise v. Ramdev Tobacoo Co., AIR 1991 SC 506 (511): (1991) 2 SCC 119. [Central Excise and Salt Act (10 of 1944), s. 40 (2) (Prior to Amendment Act 22 of 1973)]...

In relation to arbitral proceedings

In relation to arbitral proceedings, The phrase 'in relation to arbitral proceedings' cannot be given a narrow meaning to mean only pendency of the proceedings before the arbitrator. It would cover not only proceedings pending before the arbitrator but would also cover the proceedings before the court and any proceedings which are required to be taken under the old Act for the award becoming a decree under s. 17 thereof and also appeal arising thereunder, N.S. Nayak v. State of Goa, (2003) 6 SCC 56 (62). [Arbitration and Conciliation Act, 1996, s. 85(2)(a)]In relation to arbitral proceedings, cannot be given a narrow meaning to mean only pendency of the arbitration proceedings before the arbitrator, Thyssen Stahlunion GmBH v. Steel Authority of India Ltd., (1999) 9 SCC 334....

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....

Legal proceedings

Legal proceedings, do not in their ordinary sense at first suggest the commencement of an arbitration. To refer to a person as having commenced legal proceedings does not obviously suggest that an arbitration has been commenced, even although its purpose is to obtain an award as to the relevant legal rights of the parties. Legal proceedings in the ordinary sense of the phrase more obviously refers to proceedings in a court of law, ICL Shipping Ltd. v. Chin Thai Steel Enterprise Co. Ltd. (QBD), (2004) 1 WLR 2254.Means any civil or criminal proceeding or enquiry in which evidence is, or may be given; includes an arbitration, Stroud's Judicial Dictionary, Vol. 2, p. 1439.Means steps or measures adopted in the prosecution or defence of an action, A Dictionary of Law, Willium C. Anderson, 1889, p. 816....

non-core proceeding

non-core proceeding see proceeding ...

Suit or other proceeding

Suit or other proceeding, in s. 29(3) of the Limitation Act, 1963 the words 'suit or other proceeding' do not comprehend appeal, Lata Kamat v. Vilas, AIR 1989 SC 1477: (1989) 2 SCC 613: (1989) 2 SCR 137....

collateral proceeding

collateral proceeding see proceeding ...

core proceeding

core proceeding see proceeding ...

special proceeding

special proceeding see proceeding ...

Summary action or proceeding

Summary action or proceeding, means the proceed-ing before a court, tribunal or an authority are called summary proceeding if it is not required to follow the regular formal procedure but is autho-rised to follow a short and quick procedure for expeditious disposal, Mohan Lal v. Kartar Singh, (1996) Punj LR 383....

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