Step Or Proceeding - Law Dictionary Search Results
Home Dictionary Name: step or proceedingStep or proceeding
Step or proceeding, explanation (a) to s. 20(4) of the U.P. Act, provides: 'For the purposes of this sub-s.:- (a) the expression 'first hearing' meant the first date for any step or proceedings mentioned in the summons served on the defendant. The step or proceeding mentioned in the summons referred to in the definition should be construed to be a step or proceeding to be taken by the Court for it is, after all, a 'hearing' that is the subject-matter of the definition, unless there be something compelling in the said Act to indicate otherwise. Further, it is not possible to construe the expression 'first date for any step or proceeding' to mean the step of filing the written statement, though the date for that purpose may be mentioned in the summons, for the reason that, it is permissible under the Code for the defendant to file a written statement even thereafter but prior to the first hearing when the Court takes up the case, since there is nothing in the said Act which conflicts wit...
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
Taking any other step in the proceeding
Taking any other step in the proceeding, means the step must be such as would clearly manifest intention to waive benefit or arbitration agreement, Rachappa Gurudappa, Bijapur v. Gurusiddappa Nananiappa, 1989 (1) SCJ 14.The expression 'taking any other steps in the proceedings' must be given a narrow meaning and be confined to taking steps in the proceedings for resolution of the substantial dispute in the suit, Food Corporation of India v. Yadav Engineer & Contractor, AIR 1982 SC 1302 (1309): (1982) 2 SCC 499: (1983) 1 SCR 95. (Arbitration Act, 1940, s. 34)...
Investigation
Investigation, s. 4(1) of the Code of Criminal Proce-dure, 1898 defines 'investigation' as to include all the proceedings under that Code for the collection of evidence conducted by the police officer or other persons other than a Magistrate in this behalf. Under the Code 'investigation consists generally of the following steps: (i) proceeding to the spot; (ii) ascertainment of the facts and circumstances of the case; (iii) discovery and arrest of the suspected offender; (iv) collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b) the search of places of seizure of things considered necessary for the investigation and to be produced at the trial; and (v) formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessar...
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...
Step in the proceeding
Step in the proceeding, means a step in aid of the progress of the suit. The step must have been consciously taken with a view to submit to the jurisdiction of the court for the purpose of adjudicating the controversy on the merits, Sadhu Singh Ghuman v. Food Corporation of India, AIR 1990 SC 893: (1990) 2 SCC 68; Bansidhar v. E.B. Sukhia, AIR 1957 HP....
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....
Proceedings
Proceedings, means a suit or proceeding in the nature of a suit, Rajesab Imamsab v. Harishchandra, 1954 (56) Bom LR 638. [see Bombay Tenancy and Agricultural Lands Act, 1948, s. 89(2)(b)(ii)]Means all steps or measures adopted in the presentation or defence of an action, A Dictionary of Law, Willium C. Anderson, 1889, p. 816.The word 'proceedings' shall include the proceedings at the appellate stage, Mathew M. Thomas v. CIT, AIR 1999 SC 999 (1001)....
Step in aid of execution
Step in aid of execution, implies if the facts of a particular case show that the proceedings in question has the effect of facilitating or advancing the execution of any extent or removing some obstacle from the way of execution, it may well be regarded as step in aid of execution, Ram Bharose v. Ramman Lal, AIR 1932 Oudh 148....
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...
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