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Section 28J of The North-Eastern Areas (Reorganisation) Act, 1971

For the purposes of section 28H,—

(a)proceedings shall be deemed to be pending in a Court until that Court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; and
(b)references to a High Court shall be construed as including references to a Judge or division Court thereof, and references to an order made by a Court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that Court or Judge.

Summary

This section provides specific legal definitions for terms used in section 28H regarding Supreme Court appeals.
It defines a proceeding as pending until every single issue between the parties is finished, including calculations of legal costs.
It includes appeals, review applications, and writ petitions under the umbrella of pending proceedings.
It clarifies that mentioning a High Court includes its individual Judges or division Courts, and an order includes sentences, judgments, or decrees.

Practical examples

1A farmer and a bank finish their main trial, but the judge has not yet decided who pays the court fees. Because of the rules here, the case is still officially pending.

2A criminal defendant receives a prison sentence from a single Judge. This document counts as an order of the High Court for the purpose of Supreme Court appeals.

FAQ

1. What counts as an order under Section 28J of the North-Eastern Areas Reorganisation Act?

Section 28J of the North-Eastern Areas Reorganisation Act states that an order includes a sentence, a judgment, or a decree passed by a Court or Judge.

2. When is a case finally over according to Section 28J of the 1971 Reorganisation Act?

Under Section 28J of the 1971 Reorganisation Act, a case is pending until the Court has disposed of all issues, including the taxation of costs.

3. Does Section 28J of the North-Eastern Areas Act apply to writs and reviews?

Yes, Section 28J of the North-Eastern Areas Act specifically says that pending proceedings include applications for review and petitions for writs.

Test yourself

Q1.What specific aspect keeps a proceeding pending even after the main trial ends, according to Section 28J of The North-Eastern Areas (Reorganisation) Act, 1971?

Q2.Under Section 28J of the 1971 Reorganisation law, a reference to an order made by a Court includes which of the following?

Q3.For which other section does Section 28J of The North-Eastern Areas (Reorganisation) Act, 1971 directly provide interpretations?

Q4.Does Section 28J of the 1971 Act consider an application for leave to appeal to the Supreme Court as a pending proceeding?

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