Discharge, to relieve of a duty. A sheriff is said to be discharged of his prisoner; a prisoner discharged from custody; a jury discharged from the cause. See next title.
A rule nisi is discharged when the Court decides that it shall not be made absolute, i.e., that the party who obtained the rule nisi should take nothing, and the suit remain in statu quo. See RULE.
In a warrant case instituted otherwise than on a police report, 'discharge' or 'acquittal' of accused are distinct concepts applicable to different stages of the proceedings in Court. The legal effect and incidents of 'discharge' and 'acquittal' are also different. An order of discharge in a warrant case instituted on complaint, can be made only after the process has been issued and before the charge is framed. S. 253(1) shows that as a general rule there can be no order of discharge unless the evidence of all the prosecution witnesses has been taken and the Magistrate considers for reasons to be recorded, in the light of the evidence, that no case has been made out. Sub-s. (2) which authorises the Magistrate to discharge the accused at any previous stage of the case if he considers the charge to be groundless, is in exception to that rule. A discharge without considering the evidence taken is illegal, Ratilal Bhanji Mithani v. State of Maharashtra, (1979) 2 SCC 179: AIR 1979 SC 94: (1979) 1 SCR 993.
Discharge means, to free from liability. The liability may be in respect of monetary claims, like the debts; it may be in respect of possession of property; it may be in respect of taking some order as regards property; it may be in respect of many other matters. Except in the case of declaratory decrees or decrees of a similar nature, the decree in favour of one person against another requires the person against whom the decree is made liable to do something or to refrain from doing something. This liability is in a sense a debt which the party is in law bound to discharge, Sarda Prasad v. Lala Jumma Prasad AIR 1961 SC 1074: (1961) 3 SCR 875. (Limitation Act, 1963, s. 7)
Means discharge of a person in a running or continuing business - not discharge of all workmen when the industry itself ceases to exist on a bona fide closure of business, Banaras Ice Factory Ltd. v. It's Workmen, AIR 1957 SC 168: (1957) SCR 143.
Word 'discharge' means discharge of a person in a running or continuing business-not discharge of all workmen when the industry itself ceases to exist on a bona fide closure of business, Banaras Ice Factory Ltd. v. Workmen, AIR 1957 SC 168 (172). [Industrial Disputes (Appellate Tribunal) Act, (48 of 1950), s. 22 and 23]
The word 'discharge' used in context is of widest amplitude and would include cessation of relationship of employer and employee, may be by retirement, resignation, dismissal or removal, S.K. Sarma v. Mahesh Kumar Verma, AIR 2002 SC 3294 (3297): (2002) 7 SCC 505. (Railways Act, 1890, s. 138)
The word 'discharge' in, s. 398 means discharge of an offence relating to the charge within the meaning of, sub-ss. 227, 239, 245 and 249. Refusing to proceed further after issue of process is discharge. The discharge has to be in substance and effect though there is no formal order. The language of the, s. does not indicate that the word 'discharge' should be given a restricted meaning in the sense of absolute discharge where the accused is set at liberty after examination of the whole case, Sohan Lal v. State of Rajasthan, (1990) 4 SCC 580: AIR 1990 SC 2158 (2166). (Criminal Procedure Code, 1973, s. 398)
Connotes an entirely different category of orders comprising of both simpliciter discharge order not by way of penalty as well as discharge orders by way of penalty but not involving extremely pernicious results flowing from such orders while the word 'dismiss is purely an order of penalty and that too of an extreme type, Lokmat News Paper Pvt. Ltd. v. Shankar Prasad, (1999) 6 SCC 275.
Used in sub-s. (3) of s. 50 is used in the sense that the detention is terminated, State of Rajasthan v. Ram Chandra, (2005) 5 SCC 151 [Narcotic Drugs and Psychotropic Substances Act, 1985, s. 50(3)].
The discharge of the instrument, that is to say the ending of the life of the instrument and of all rights of action thereon, may be caused in a variety of ways, Halsbury's Laws of England 4(1), para 448, p. 224.