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Home CIVIL

Civil proceeding

by PLRonline
November 7, 2021
in CIVIL, Civil and Criminal Cases
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The expression “civil proceeding” is not defined in the Constitution, nor in the General Clauses Act. The expression in our judgment covers all proceedings in which a party asserts the existence of a civil right conferred by the civil law or by statute, and claims relief for breach thereof.

…

A civil proceeding is, therefore, one in which a person seeks to enforce by appropriate relief the alleged infringement of his civil rights against another person or the State, and which if the claim is proved would result in the declaration express or implied of the right claimed and relief such as payment of debt, damages, compensation, delivery of specific property, enforcement of personal rights, determination of status etc

CIT v. Ishwarlal Bhagwandas, (1966) 1 SCR 190

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