Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term legal proceedings includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence in support of their claims, and to argue in favor of particular interpretations of the law, after which a judge , jury , or other trier of fact makes a determination of the factual and legal issues.
34-565: The Meerut Conspiracy Case was a controversial court case that was initiated in British Raj in March 1929 and decided in 1933. Several trade unionists , including three Englishmen , were arrested for organizing an Indian railway strike. The British government convicted 27 leftist trade union leaders under a lawsuit. The trial immediately caught attention in England , where it inspired
68-424: A lawsuit or controversy , begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant , and requesting a remedy . The remedy sought may be money, an injunction , which requires the defendant to perform or refrain from performing some action, or a declaratory judgment , which determines that
102-665: A conspiracy to establish a branch of the Communist International in India and were helped by various persons, including the accused Philip Spratt and Benjamin Francis Bradley , who were sent to India later by the Communist International. The aim of the accused persons, according to the charges raised against them, was under section 121-A of the Indian Penal Code (Act 45 of 1860): ... to deprive
136-419: A copy of the documents associated with the designation previously assigned to the case. However, it is often more convenient to refer to cases – particularly landmark and other notable cases – by a title of the form Claimant v Defendant (e.g. Arkell v Pressdram ). Where a legal proceeding does not have formally designated adverse parties, a form such as In re , Re or In
170-452: A dispute between opposing parties which may be resolved by a court , or by some equivalent legal process. A legal case is typically based on either civil or criminal law . In most legal cases, there are one or more accusers and one or more defendants . In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal facts. A civil case, more commonly known as
204-660: A follower of the revolutionary socialist Bhagat Singh and in 1930 joined his Naujawan Bharat Sabha . In 1936, Surjeet joined the Communist Party of India . He was a co-founder of the Kisan Sabha (Farmer's Union) in Punjab . In the pre-war years he started publishing Dukhi Duniya and Chingari . During the War, Surjeet was imprisoned by the colonial authorities. When India became independent and partitioned in 1947, Surjeet
238-559: A former General Secretary of the Communist Party of India (Marxist) , wrote about the aftermath of the Meerut Conspiracy Case: ... a Party with a centralised apparatus, came into being only after the release of the Meerut prisoners, in 1933. The Meerut Conspiracy Case, though launched to suppress the communist movement, provided the opportunity for communists to propagate their ideas. It came out with its own manifesto and
272-536: A period of 12 years. On appeal, in August 1933, the sentences of Ahmed, Dange, and Usmani were reduced to three years by Sir Shah Muhammad Sulaiman Chief Justice of the Allahabad High Court, on the grounds that the accused had already spent a considerable part of their sentence while they waited for the trial to be decided and because: ... in the case of political offences, arising out of the beliefs of
306-517: A person suspected of a crime is indicted by a grand jury or otherwise charged with the offense by a government official called a prosecutor or district attorney . A criminal case may in some jurisdictions be settled before a trial through a plea bargain . Typically, in a plea bargain, the defendant agrees to plead guilty to a lesser charge than that which was originally brought by the grand jury or prosecutor. A defendant who goes to trial risks greater penalties than would normally be imposed through
340-409: A plea bargain. Legal cases, whether criminal or civil, are premised on the idea that a dispute will be fairly resolved when a legal procedure exists by which the dispute can be brought to a factfinder not otherwise involved in the case, who can evaluate evidence to determine the truth with respect to claims of guilt, innocence, liability, or lack of fault. Details of the procedure may depend on both
374-704: A standard pseudonym ( Jane Roe in Roe v. Wade ) or by an initial ( D v D ). In titles such as R v Adams , however, the initial "R" is usually an abbreviation for the Latin Rex or Regina , i.e. for the Crown . (For an explanation of other terms that may appear in case titles, see the Glossary of legal terms .) [REDACTED] Quotations related to Legal proceedings at Wikiquote Harkishan Singh Surjeet Harkishan Singh Surjeet (23 March 1916 – 1 August 2008)
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#1732772772130408-661: The preventive detention laws. In the 1950s he led the historic anti-betterment levy movement in Punjab in 1959. His work with farmers led to his election as General Secretary and then President of the All India Kisan Sabha . He also worked in the Agricultural Workers Union. When the CPI split in 1964 , Surjeet sided with the Communist Party of India (Marxist) . Surjeet was one of the nine members of
442-596: The 1932 play Meerut by a Manchester street theatre group, the Red Megaphones , highlighting the detrimental effects of colonisation and industrialisation . The British government was clearly worried about the growing influence of the Communist International . It was also thoroughly convinced that all infiltration of communist and socialist ideas was propagated to the workers by the Communist Party of India (CPI). Its ultimate objective,
476-712: The 2004 Lok Sabha election and during the 1996-1998 United Front government, his role has been that of a cunning king-maker in parliamentary politics, mending and assembling broad coalitions. With his health declining, Surjeet was, for the first time, not included in the CPI(M) Politburo at the party's 19th congress in early April 2008. He was instead designated as Special Invitee to the Central Committee. Surjeet died in New Delhi on 1 August 2008 of cardiac arrest. Surjeet, aged 92, had been convalescing at
510-662: The Communist Party of India and the All India Kisan Sabha. It culminated with his leading role in the CPI(M) for an eventful four decades. Surjeet began his revolutionary career influenced by the martyrdom of Bhagat Singh. He hoisted the tricolour in March 1932 at the district court in Hoshiarpur at the age of 16. He was arrested and sent to a reformatory school for juvenile offenders. He came in touch with
544-609: The King Emperor of the sovereignty of British India, and for such purpose to use the methods and carry out the programme and plan of campaign outlined and ordained by the Communist International. The Sessions Court in Meerut awarded stringent sentences to the accused in January 1933. Of the accused, 27 persons were convicted with various durations of "transportation". Muzaffar Ahmed was transported for life, and Dange, Spratt, Ghate, Joglekar, and Nimbkar were awarded transportation for
578-545: The Metro Hospital in Noida since 25 July 2008. A literary work in Punjab titled Bhauu , which has uncanny resemblance to the life of Surjeet was written by Darshan Singh, a close associate of Surjeet. The novel remained unknown till it was printed by the mainstream media. The newspaper article sparked a flurry of coverage and it was then reported by most Indian newspapers. Though the author Darshan Singh claimed that
612-485: The accused were communists . The charges framed against them portrayed the British government's fear of the growth of communist ideas in India. In the trial, all of the accused were labelled as Bolsheviks . For four-and-a-half years, the defendants turned the courtroom into a public platform to espouse their cause. As a result, the trial saw strengthening of the communist movement in the country. Harkishan Singh Surjeet ,
646-399: The accused, severe sentences defeat their object. In practice such sentences confirm the offenders in their beliefs and create other offenders, thus increasing the evil and the danger to the public. The sentences of the others convicted were also reduced. The convictions of Desai, Hutchinson, Mitra, Jhabwala, Sehgal, Kasle, Gauri Shankar, Kadara, and Alve were also overturned on appeal. All
680-560: The court's procedure for dealing with family cases is very similar to that of a civil case (it requires service and disclosure, and will issue judgments). Divorce and separation from a spouse is one of the most stressful situations, as rated by the Holmes and Rahe Stress Scale , and so family proceedings are increasingly being "divorced" from the often very formal and impersonal process of civil proceedings, and given special treatment. A criminal case , in common law jurisdictions, begins when
714-617: The early Communist pioneers in Punjab after his release. He joined the Communist Party in 1934 and became a member of the Congress Socialist Party in 1935. He was elected as the secretary of the Punjab State Kisan Sabha in 1938. The same year, he was externed from Punjab and went to Saharanpur in Uttar Pradesh where he started a monthly paper, `Chingari’. He went underground after the outbreak of
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#1732772772130748-513: The government perceived, was to achieve "complete paralysis and overthrow of existing Governments in every country (including India) by means of a general strike and armed uprising". The government's immediate response was to foist yet another conspiracy case, the Meerut Conspiracy Case. In more than one way, the trial helped the Communist Party of India to consolidate its position among workers. Dange, along with 32 other persons,
782-438: The kind of case and the kind of system in which the case is brought – whether, for example, it is an inquisitorial system or a solo In most systems, the governing body responsible for overseeing the courts assigns a unique number/letter combination or similar designation to each case in order to track the various disputes that are or have been before it. The outcome of the case is recorded, and can later be reviewed by obtaining
816-531: The matter of is used (e.g. In re Gault ). The "v" separating the parties is an abbreviation of the Latin versus , but, when spoken in Commonwealth countries , it is normally rendered as " and " or " against " (as in, for example, Charles Dickens ' Jarndyce and Jarndyce ). Where it is considered necessary to protect the anonymity of a natural person , some cases may have one or both parties replaced by
850-455: The novel was not based on the life of Surjeet, he termed his novel "virtual reality". He did say that "novels have been written about American presidents without naming them". The main character is named Karam Singh Kirti, with Kirti meaning a worker in Punjabi - a term often used by the left wing in Punjab. The Communist Part of India (Marxist), with which Surjeet was affiliated, was unhappy at
884-679: The original CPI(M) Polit Bureau. He continued to rise within the party until he was elected General Secretary of the Central Committee of the CPI(M) in 1992, a post he held till 2005, retiring at the age of 89. Surjeet is known for his steadfast opposition to the BJP and communalism. He was instrumental in forming a number of anti-BJP coalitions in the 1990s and for ensuring left support the present UPA government. [1] After retiring from his post as General Secretary, Surjeet continued to play an active role in Indian national politics. Many times, including after
918-512: The plaintiff delivers to the defendant the same documents that the plaintiff filed with the court. At any point during the case, the parties can agree to a settlement , which will end the case, although in some circumstances, such as in class actions , a settlement requires court approval in order to be binding. Cases involving separation including asset division, support (also known as maintenance or alimony), and matters related to children are handled differently in different jurisdictions. Often,
952-399: The plaintiff has certain legal rights. The remedy will be prescribed by the court if the plaintiff wins the case. A civil case can also be arbitrated through arbitration , which may result in a faster settlement, with lower costs, than could be obtained by going through a trial. The plaintiff must make a genuine effort to inform the defendant of the case through service of process , by which
986-471: The question of whether they are primarily legal proceedings, or are merely political proceedings dressed in legal formalities and language. Richard Posner , for example, has asserted that it was "the intent of the framers of the Constitution that an impeachment proceeding be primarily a legal proceeding, akin to a criminal prosecution, rather than a political one". A legal case is in a general sense
1020-496: The second world war and was arrested in 1940. He was imprisoned in the notorious Lahore Red Fort where he was kept for three months in solitary confinement in terrible conditions. Later he was shifted to Deoli detention camp where he remained till 1944. During the partition, he tirelessly worked for communal harmony in violence-torn Punjab. Just after independence, Surjeet was forced to go underground for four years. Several other communist leaders like A K Gopalan were arrested under
1054-464: Was affiliated to the Communist International in 1934. Court case In the United States , Congressional hearings are not generally considered legal proceedings, as they are generally not directed towards the imposition of a penalty against a specific individual for a specific wrong. However, impeachment proceedings are generally conducted as legal proceedings, although experts dispute
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1088-501: Was an Indian Communist politician from Punjab , who served as the General Secretary of the Communist Party of India (Marxist) from 1992 to 2005 and was a member of the party's Polit Bureau from 1964 to 2008. Harkishan Singh Surjeet was born in 1916 in a Jat Sikh family in the village of Bundala, Jalandhar district of Punjab. He started his political career in the national liberation movement in his early teens, as
1122-776: Was arrested on or about 20 March 1929 and put on trial under Section 121A of the Indian Penal Code : Whoever within or without British India conspires to commit any of the offences punishable by Section 121 or to deprive the King of the sovereignty of British India or any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the Government of India or any local Government, shall be punished with transportation for life, or any shorter term, or with imprisonment of either description which may extend to ten years. The main charges were that in 1921, S. A. Dange , Shaukat Usmani , and Muzaffar Ahmad joined
1156-458: Was the Secretary of CPI in Punjab. Although he sported a Sikh turban , throughout his life, Surjeet remained an atheist . The seven and a half decades-long political life of Harkishan Singh Surjeet began with his staunch fight against British colonial rule. He played a pioneering role in developing the farmer's movement and the Communist Party in Punjab before emerging as a national leader of
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