Suits Pending - Law Dictionary Search Results
Home Dictionary Name: suits pendingSuits pending
Suits pending, the word suits pending speak of a suit pending on the commencement of the Act and it means a live suit whether in the Court of first instance or in an appeal Court where the judgment of the Court of first instance is being considered, Dayawati v. Inderjit, AIR 1966 SC 1423 (1427). [Usurious Loans Act, 1918, s. 3 as amended by s. 5 Punjab Relief of Indebtedness Act (7 of 1934)]...
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...
Pending
Pending, For detailed discussion of the term 'pend-ing', see S.D. Saigal v. Vidya Vijan, AIR 1978 All 82.The word 'pending' will ordinarily mean that the matter is not concluded and the court which has cognizance of it can make an order on the matter in issue. The test is whether any proceedings can be taken in the cause before the court or tribunal where it is said to be pending. The answer is that until the case is concluded it is pending, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1128): (1971) 2 SCC 126: (1971) 3 SCR 881. [Army Act, 1950, s. 126]A legal proceeding is 'pending' as soon as commenced and until it is concluded, i.e., so long as the Court having original cognizance of it can make an order on the matters in issue, or to be dealt with, therein, Asgarali Nasarali Singparewala v. State of Bombay, AIR 1957 SC 503 (509). [Criminal Law Amendment Act (46 of 1952), s. 10]Pending, in regard to suits or proceedings for ejectments mean pending before a decree wa...
Before the institution of any suit with respect to.... of it
Before the institution of any suit with respect to.... of it, 'Before the institution of any suit with respect to the subject-matter of the agreement or any part of it' mean while no suit with respect to the subject-matter of the agreement or any part of it is pending, Ramvallabh Tibrewalla v. Dwarka Das & Co., AIR 1966 SC 402: (1966) 1 SCR 689. (Arbitration Act, 1940, s. 20)...
pending
pending 1 : during the time of 2 : while awaiting : in the time preceding [held in escrow the outcome of the suit] [free trial] ...
Pending
Not yet decided in continuance in suspension as a pending suit...
Pending adjudication
Pending adjudication, the words 'pending adjudication' cannot be read to exclude cases where the proceedings are still pending in appeal, Union of India v. Onkar S. Kanwar, AIR 2002 SC 3563 (3567). [Kar Vivad Samadhan Scheme Removal of Difficulties Order, 1998, para 2]...
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....
Suit
Suit, a following. It is used in divers senses:-(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
pend
pend : to be pending [the action s as to the third party] ...
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