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Income-Tax Officer vs Joti Prasad Agarwal And Ors. on 20 March, 1959

3. So far as Article 133 is concerned, a preliminary objection has been taken on behalf of the opposite party that this article has no application at all and no certificate can be granted under it, because the order of the Court dated 26-8-1958 is not an order or judgment in a civil proceeding. The expression "civil proceeding" as used in Article 133 of me Constitution has come up for interpretation before various High Courts including this Court. The two decisions of this Court to which our attention has been drawn are State of Uttar Pradesh v. Mukhtar Singh, (S) AIR 1957 All 505 and Brij Lal Suri v. The State of Uttar Pradesh, AIR 1958 All 621.
Allahabad High Court Cites 11 - Cited by 11 - V Bhargava - Full Document

Sheo Prasad vs The State Of Uttar Pradesh And Ors. on 18 December, 1963

"A judicial process to enforce that right. It covers any step in an action and is equivalent to an action. It is a prescribed course of action for enforcing a legal action and embraces the requisite step by which judicial action is invoked." This definition was adopted by a Division Bench of our Court in Brij Lal Suri v. State of Uttar Pradesh, AIR 1958 All 621. It is not necessary to cite the decisions of the other High Courts. The numerous illustrations of civil action in American Jurisprudence quoted above show that the words civil proceedings have acquired the widest possible meaning today. Rigid definitions of legal concepts are undesirable as they evolve with experience, but broadly speaking, any legal process, be it a suit in the Civil Courts or any kind of proceedings whatsoever held under the authority of the sovereign for the protection, enforcement, or recovery of a civil right or the redress of a civil wrong, is a civil proceeding.
Allahabad High Court Cites 31 - Cited by 3 - Full Document

The Regional Food Controller And Anr. vs Hazari Mal Radha Kishan on 22 October, 1965

In Brij Lal v. State of U. P., AIR 1958 All 621 a Division Bench of this Court held that the jurisdiction exercised by this Court under Article 226 of the Constitution may be a civil jurisdiction depending upon the nature of the rights decided in the writ, while in Khurjawala Buckles Manufacturing Co. v. Commr. Sales Tax U. P., 1965 All LJ 308: (AIR 1965 All 517) another Division Bench of this Court held that the jurisdiction exercised by this Court under Article 226 of the Constitution was neither civil nor criminal. If was merely an extraordinary jurisdiction.
Allahabad High Court Cites 7 - Cited by 3 - Full Document
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