Cognizable - Law Dictionary Search Results

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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...

Taking cognizable

Taking cognizable, the expression 'taking cogniz-able' means the Magistrate take cognizance of an offence and not the offenders, Raghubans Dubey v. State of Bihar, (1967) 2 SCR 423: AIR 1967 SC 1167 (1169). [Cri PC, 1898, s. 190(1)(b)]The expression 'taking cognizance' in s. 190 of the Code of Criminal Procedure, 1973 which merely means judicial application of the mind of the Magistrate to the facts mentioned in the complaint with a view to taking further action, Tula Ram v. Kishore Singh, AIR 1977 SC 2401 (2403): (1977) 4 SCC 459: (1978) 1 SCR 615 [Criminal Procedure Code, 1973 s. 190 (1) (a)]When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e.g., ordering investigation under s. 156(3), or issuing a search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of the offence, Gopal Das Sindhi v. State of Assam, AIR 1961 SC 986 (989): (1961) 2 ...

cognizable

cognizable 1 : capable of being known ;specif : capable of being recognized as a group because of a common characteristic (as race or gender) NOTE: Systematic exclusion of members of a cognizable group from a jury violates the Sixth Amendment to the Constitution, which requires that jurors be selected from jury pools that represent a fair cross section of the community. 2 : capable of being judicially heard and determined [a claim] ...

Cognizable offence

Cognizable offence, means an offence for which, and 'cognizable case' means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (c)]...

Cognizance, or conusance

Cognizance, or conusance, the hearing of a thing judicially; also an acknowledgment of a fine; and in replevin it was, before the Judicature Acts the name for the pleading of a defendant who acted as bailiff, etc., to another in making a distress, by which he alleged the right or title to be in that person by whose command he acted. If the person who ordered the distress was sued, his pleading was called an Avowry, Steph. Plead. 225.Conusance of Pleas, is a privilege granted by the Crown to a town or place, to hold pleas of all contracts, etc., within the precinct of the franchise; and when a person is impleaded for such matters in the King's Court at Westminster, the mayor, etc., may ask cognizance of the plea, and demand that it shall be determined before him, Termes de la Ley.Conusance was successfully claimed by the Chancellor of the University of Oxford over an action to which an undergraduate was defendant in Ginnett v. Whittingham, (1886) 16 QBD 761, though the plaintiff resided...

Non-cognizable offence

Non-cognizable offence, means an offence for which, and 'non-cognizable case' means a case in which, a police officer has no authority to arrest without warrant. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (l)]...

Taking cognizance of an offence

Taking cognizance of an offence, when on receiving a complaint, the Magistrate applies his mind for the purposes of proceeding under s. 200 and the succeeding sections in Chapter XV of the Code of 1973, he is said to have taken cognizance of the offence within the meaning of s. 190(1)(a), Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy, AIR 1976 SC 1672: (1976) 3 SCC 252. [Criminal PC (2 of 1974), s. 190]...

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