538 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
It extends to places where it has been declared to be in force.
(2) Application to Tribunals
It applies to all judicial proceedings in or before any Court.
(i) W HAT IS MEANT BY A J UDICIAL PROCEEDINGS ?
There is no definition.
An inquiry is judicial if the object of it is to determine a jural relation between one person and another or a group of persons or between him and the Community generally ; but even a Judge acting without such an object in view is not acting judicially.
12 Bom. 10 M. I. A. 340.
An inquiry under section 32 of the Bombay Land Revenue Code is not a Judicial proceeding.
22 Bom. 936.
The Act applies to all judicial proceedings i.e. to civil as well as criminal.
The Act speaks of proceedings not merely suits and trials. Proceedings is a wider term. Inquiry under Section 107 or 144 of the Criminal Procedure Code is not a trial but is a proceeding. Similarly execution of a decree is not a suit but is a proceeding. Consequently the Act applies to proceeds other than trials and suits.
(ii) What is a Court
- Section 3 which is an interpretation clause speaks of the sense in which the word Court is used in the Act. According to this Section—
“Court includes all Judges and Magistrates, and all persons, except Arbitrators, legally authorised to take evidence.”
This Section does not define what is a Court. It merely says what is to be included in the meaning of the word Court i.e. what functionaries are to be treated as a Court.
Where in an interpretation clause it is stated a term includes this and that, the meaning is that the term retains its ordinary