Step In The Proceeding - Law Dictionary Search Results
Home Dictionary Name: step in the proceeding Page: 2proceeding
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...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
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....
Gradual
Proceeding by steps or degrees advancing step by step as in ascent or descent or from one state to another regularly progressive slow as a gradual increase of knowledge a gradual decline...
Procedure
Procedure, 'procedure' in Article 21 cannot be arbitrary, unfair or unreasonable, Maneka Gandhi v. Union of India, AIR 1978 SC 597: (1978) 1 SCC 248: (1978) 2 SCR 621.The mode in which the successive steps in litigation are taken. The procedure of the Common Law courts was regulated by the C.L.P. Acts of 1852, 1854, and 1860; as to which see Day's C.L.P. Acts. As to the procedure in equity, consult Daniell's Chancery Practice, and Morgan's Chancery Acts and Orders. The procedure in actions in the High Court of Justice and the Court of Appeal is now governed under the (English) Judicature Act, 1925, for the most part by the Rules of the Supreme Court, based on the rules in the schedule to the (English) Judicature Act, 1875; but where no other provision is made by the Acts or those rules, the former procedure remains in force. See PRACTICE.Means the manner and form of enforcing of law. It must be taken to signify some step or method or manner or proceedings leading up to the deprivation ...
Proceeding
The act of one who proceeds or who prosecutes a design or transaction progress or movement from one thing to another a measure or step taken in a course of business a transaction as an illegal proceeding a cautious or a violent proceeding...
Gradatory
Proceeding step by step or by gradations gradual...
Pedetentous
Proceeding step by step advancing cautiously...
file
file filed fil·ing vt 1 a : to submit (a legal document) to the proper office (as the office of a clerk of court) for keeping on file among the records esp. as a procedural step in a legal transaction or proceeding [filed a tax return] [a financing statement filed with the Secretary of State] [filing a notice of appeal] ;also : record [filed a mortgage in the Registry of Deeds] NOTE: In nearly all cases, a document is deemed to be filed when it is actually received by the office to which it is directed. A few cases, however, have held that a document is filed upon the mailing of it. b : to place (as a document) on file among the records of an office esp. by formally receiving and endorsing [a complaint filed by the clerk despite the absence of the filing fee] 2 : to return (the documentation in a case) to the records of a clerk of court without any determination of the case ;broadly : to conclude (a case) without a determination on its merits 3 : to initiate (a judicial...
Plenary
Plenary, full, complete; an ordinary proceeding through all its gradations and formal steps, opposed to summary.Plenary causes in the Ecclesiastical Courts re reduced to the following:(1) Suits for ecclesiastical dilapidations.(2) Suits relating to seats or sitting-places in churches.(3) Suits for tithes....
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