Cognizance - Law Dictionary Search Results
Home Dictionary Name: cognizance Page: 3Maritime Courts
Maritime Courts. These were formerly the High Court of Admiralty and its Court of appeal, the Judicial Committee of the Privy Council. But by the (English) Judicature Act, 1873, s. 16, the jurisdiction of the High Court of Admiralty was transferred to and vested in the High Court of Justice; and all causes and matters pending in that Court, or which would have been within its exclusive cognizance, were assigned to a division of the High Court, called the Probate, Divorce, and Admiralty Division (ibid., s. 34) (see now Jud. Act, 1925, s. 56 (3)). The Admiralty jurisdiction of the High Court was extended by s. 5 of the (English) Administration of Justice Act, 1920 [see now Jud. (English) Act, 1925, s. 22 (1) (a)] to cases relating to the use or hire of a ship or carriage of goods in a ship, provided that the owner or part owner of the ship is domiciled in England or Wales. The appeal from the Admiralty branch of that division lies to the Court of Appeal [ibid., s. 18 (5)] [see now (Engli...
Mehar
Mehar, Payment of mehar money, as a customary discharge, is within the cognizance of s. 127, Criminal Procedure Code, 1973. The purpose of the payment 'under any customary or personal law' must be to obviate destitution of the divorcee and to provide her with wherewithal to maintain herself, Bai Tahira v. Ali Hussain Fissalli Chothia, AIR 1979 SC 362 (366): (1979) 2 SCC 316: (1979) 2 SCR 75....
Monitory letters
Monitory letters, communications of warning and admonition sent from an ecclesiastical judge, upon information of scandal and abuses within the cognizance of his Court....
Piedpoudre, Court of
Piedpoudre, Court of [curia pedis pulverizati, Lat., so called either from the dusty feet of the suitors, or because justice is there done as speedily as dust can fall from the foot; or derived from pied puidreaux, Old Fr., a pedlar or petty chapman, such as resorts to fairs or markets], a Court of record incident to every fair and market, though fallen into disuse and now in a manner forgotten; of which the steward of him who owns, or has the toll of the market, is the judge; its jurisdiction extends to administer justice for all commercial injuries done in that very fair or market, and not in any preceding one; so that the injury must be done, complained of, heard and determined, within the compass of one and the same day, unless the fair continues longer. The court had cognizance of all matters of contract that could possibly arise within the precinct of that fair or market, and the plaintiff must make oath that the cause of action arose there. A writ of error lay in the nature of a...
Transcripto recognitionis fact' coram justiciariis itinerantibus
Transcripto recognitionis fact' coram justiciariis itinerantibus, etc., an old writ to certify a cognizance taken by justices in eyre, Ibid. 151....
Proceedings pending before a court
Proceedings pending before a court, means judicial proceedings which started with the submission of a chargesheet or a complaint, or taking cognizance thereon, Satyadhari Choudhary v. State, AIR 1953 Cal 661: 1953 Cr LJ 1540....
Prohibition
Prohibition, a writ to forbid any court to proceed in any cause there depending, on the suggestion that the cognizance thereof belongs not to such Court. It is a remedy provided by the Common Law against the encroachment of jurisdiction.The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with any matter not within its jurisdiction. If either the judge or a party proceed after such prohibition, an attachment may be had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured.Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much o...
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...
Recorder
Recorder, in municipal boroughs having a separate Court of Quarter Sessions, a barrister of five years' standing at least, appointed by the Crown, holding office during good behaviour, and receiving 'such yearly salary not exceeding that stated in the petition on which the grant of a separate Court of Quarter Sessions was made,' as the sovereign directs. He is sole judge of the Court of Quarter Sessions, 'having cognizance of all crimes, offences, and matters cognizable by Courts of Quarter Sessions in England,' except that he may not grant licences or hear licensing appeals under the Intoxicating Liquor Licensing Acts, or levy rates (Municipal Corporations Act, 1882, ss. 162, 165). He may appoint as 'deputy recorder' a barrister of five years' standing, in case of sickness or unavoidable absence, and an 'assistant recorder' if it appears that the Quarter Sessions are likely to last more than three days (ibid., s. 168), as amended by the Summary Jurisdiction (Appeals) Act (23 & 24 Geo....
Revenue
Revenue, income, annual profit received from land or other funds; also money at the disposal of the Crown, i.e., the executive. The chief sources are (1) Crown property, surrendered to the nation; (2) taxation--income tax, death duties, customs and excise, stamp duties; (3) certain managed enter-prises, such as the Post Office, and Lands, Woods and Forests and miscellaneous holdings such as shares in the Suez Canal, and other profits or fiscal prerogatives of the Crown.See Halsb. Encycl. Laws of England, tit. 'Revenue'; Chitty's Statutes, tits. 'Customs,' 'Property Tax,' 'Death Duties,' 'Stamps,' and 'Revenue.'Revenue causes were peculiarly within the province of the court of Exchequer; the practice of which Court in matters of revenue was regulated by the Queen's Remembrancer Act, 1859 (22 & 23 Vict. c. 21), ss. 9 et seq., and the Crown Suits Act, 1865 (28 & 29 Vict. c. 104).The jurisdiction of the Court of Exchequer was transferred to the High Court of Justice ((English) Jud. Act, 18...
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