Any Public Servant - Law Dictionary Search Results
Home Dictionary Name: any public servant Page: 2 Page 2 of about 46 results (0.004 seconds)Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
Income
Income, s. 4 of the Income-tax Act, defines the 'total income' to include all income, profits and gains from whatever source deprived. The definition of 'income' in Shaw Wallace & Co. case, 1932 (59) IA 206, as a periodical monetary return coming in with some sort of regularity, or expected regularity, from definite sources must be read with reference to the peculiar facts of that case. Money received 'under consequential loss policies, were income within the meaning of s. 2(6c) of the Income Tax Act, Raghuvanshi Mills Ltd. v. Commissioner of Income Tax, AIR 1953 SC 4: (1953) SCR 177.Income connotes a periodical monetary return 'coming in' with some sort of regularity, or expected regularity from definite sources, E.D. Sassoon and Co. Ltd. v. Commissioner of Income Tax, AIR 1954 SC 470: (1955) 1 SCR 313.The expression 'income' in entry 54 of List I of the Seventh Schedule to the Government of India Act, 1935, and the corresponding entry 82 of List 1 of the Seventh Schedule to the Const...
Reduction in rank
Reduction in rank, a civil servant is reduced in rank only after an inquiry is held; he is informed of the charges against him in such inquiry and he is given a reasonable opportunity of being heard in respect of those charges. [Constitution of India, Art. 311(2)]Reduction in rank, if a civil servant has a right to a particular rank, then the very reduction from that rank will operate as a penalty, for he will then lose the emoluments and privileges of that rank. If, however, he has no right to the particular rank, his reduction from an officiating higher rank to his substantive lower rank will not ordinarily be a punishment (AIR 1958 SC 36 referred); Shitla Sahai Srivastava v. North Eastern Railways, AIR 1966 SC 1197 (1199): (1966) 3 SCR 61.The reduction in rank contemplated by the Article 311 of Constitution of India, 1950 is reduction as a punishment and where no punishment is involved the Article had no application. Any variation in the order of seniority to the prejudice of an off...
Cognizance
Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.Means exercising jurisdiction if it is in respec...
Public interest
Public interest, means an act beneficial to the general public. It means action necessarily taken for public purpose, Babu Ram Verma v. State of Uttar Pradesh, (1971) All LJ 653: (1971) Serv LR 649: (1971) 2 Lab LJ 235: (1971) Lab IC 1162 (All).Means of concern or advantage to people as a whole, T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.Means retention of honest and efficient employees and weeding of inefficient and dishonest, Indira Saxena v. Municipal Council, 1995 Jab LJ 28.Means those interests which concern the public at large, Law Lexicon, 2nd Edn., Reprint 2000, at p. 1557). See also T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.Refers to cases where the interests of public adminis-tration require the retirement of a government servant who with the passage of years has pre-maturely ceased to possess the standard of efficiency, competence and utility called for by the government service to which he belongs. No stigmas or implication of misbehav...
Publication
Publication, divulgation; proclamation; also 'the communication of defamatory words to some person or persons other than the person defamed' (Odgers on Libel).The publication of fair reports of legal proceedings in Court (other than ex parte proceedings) is a Common Law right exempt from proceedings for libel.As to the publication of an apology for libel in a newspaper, see LIBEL.Is essential in an action of defamation that the publication be to a third person, though the law is otherwise in Scotland. Thus, there can be no publication as between husband and wife, Wennhak v. Morgan, (1888) 20 QBD 635; but publication can be made to either husband or wife respecting the other, Jones v. Williams, (1888) 1 TLR 572. The third party to whom the matter is published may be in the position of a servant or clerk, Edmondson v. Birch & Co., (1907) 1 KB 371, but see Osborn v. Boulter & Son, (1930) 2 KB 226; but must be able to understand the defamatory character of the matter, Sadgrove v. Hole, (19...
Officer
Officer. See ARMY; NAVY. A contract between the Crown and any of its military or naval officers for services rendered or to be rendered is not enforceable in a Court of law, see Jynaston v. A.G., 49 TLR 300.It means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes--(a) an officer of any Air Force Reserve or the Auxiliary Air Force who is for the time being subject to this Act.(b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy. [Air Force Act, 1950, s. 4(xxiii)]It means a president, vice-president, chairperson, vice chair-person, managing director, secretary, manager, member of a board, treasurer, liquidator, an administrator appointed under s. 123 and includes any other person empowered under this Act or the rules or the bye-laws to give directions in regard to the business of a multi-State co-operative society. [Multi-State Co-operative Societies Act, ...
Asyium
Asyium [fr. aovlov, Gk., a place free from violence], (1) a sanctuary of refuge; (2) (in an obsolete sense) a place set apart for the treatment and habitation of persons of unsound mind. See (English) Lunacy Act, 1890 to 1922, where the term meant an asylum provided by any local authority under those Acts, but by s. 20 of the (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), these asylums are to be called MENTAL HOSPITALS and for any references in any public or local act, order, regulation or other document to 'asylums' references to Mental Hospitals are to be substituted, and see also the (English) Army and Air Force Act, 1931 (21 Geo, 5, c. 14), s. 5.Criminal Lunatics (English) Act, 1884 (47 & 48 Vict. c. 64), deals with detention, etc. of criminal lunatics, e.g., the Broadmoor Criminal Lunatic Asylum.The (English) Asylum (now the Mental Hospital) Officers Superannuation Act, 1909 (9 Edw. 7, c. 48), makes provision for superannuation allowances for officers and servants, ...
Obstruction
Obstruction, a wider meaning than mere physical obstruction. Any tangible or identifiable, obstruc-tion would also satisfy the requirement of s. 16 of the Telegraph Act, 1885, Arammanavara Aswathappa v. Karnataka Electricity Board, AIR 1987 Kar 282 (284). [Telegraph Act, 1885, s. 16]Obstruction to search is to the act of the person conducting a search. It is a defensive act but where search has ended and the persons conducting the search have left the premises, to bring them back and to make them do things against their will is not an obstruction to an act but a compulsion to make them act, CCE v. Pradip Fort Trust, AIR 1990 SC 1897 (1900). (Customs Act, 1962, s. 133)Obstruction is not confined to physical obstruction and it includes anything which makes it more difficult for the police or public servant to carry out their duties, Shyam Lal Sharma v. State of Madya Pradesh, (1972) 1 SCC 764 AIR: (1972) SC 886. (Criminal Procedure Code, 1898, s. 165)...
Subordinate
Subordinate, by the use of the word 'subordinate' without any qualifying words, the legislature has expressed its legislative intention of making punishable such subordinates also who have no connection with the function with which the business or transaction is concerned, R.G. Jacob v. Republic of India, AIR 1963 SC 550 (553): (1963) 3 SCR 800. (Indian Penal Code, 1860, s. 165)1. Placed in or belonging to a lower rank, class or position. 2. Subject to another's authority or control, Black's Law Dictionary, 7th Edn., p. 1439.Subordinate, is not a term of art and in its dictionary meaning, it connotes several ideas including holding of secondary or subservient position, Toesh Kumar v. State of Bihar, 1985 BLJR 19.Means a court can be said to be subordinate to another court only if the latter court has appellate or revisional jurisdiction or power of Superinten-dence given to it by some statutory provision over the former court, Bishambar Nath v. Achal Singh, AIR 1932 All 651: 1932 All L...
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