Cognizance - Law Dictionary Search Results
Home Dictionary Name: cognizance Page: 6Perceive
To obtain knowledge of through the senses to receive impressions from by means of the bodily organs to take cognizance of the existence character or identity of by means of the senses to see hear or feel as to perceive a distant ship to perceive a discord...
Compassing
Compassing [fr. compasser, Fr., to encircle, con, with, and passus, a step, Lat.], imagining or contriving. To compass or imagine the death of the king, of his queen, or of their eldest son and heir is treason by 25 Edw. 3, c. 2. 'Compassing' or 'imagining' are here synonymous terms, the word 'compass' signifying the purpose or design of the mind or will, and not, as in common speech, the carrying such design to effect; but this compassing or imagining, being an act of the mind, cannot fall under any judicial cognizance unless it be demonstrated by some open, or overt, act, See 4 Bl. Com. 78....
Perception
The act of perceiving cognizance by the senses or intellect apperhension by the bodily organs or by the mind of what is presented to them discernment apperhension cognition...
Evocation
Evocation, withdrawing a case from the cognizance of an inferior Court and bring it before a superior court, Fr. Law....
Court of competent jurisdiction
Court of competent jurisdiction, the expression 'a Court of competent jurisdiction' envisaged in s. 465 is to denote a validity constituted Court conferred with jurisdiction to try the offence or offences. Such a Court will not get denuded of its competence to try the case on account of any procedural lapse and the competence would remain unaffected by the non-compliance of the procedural requirement. The inability to take cognizance of an offence without a committal order does not mean that a duly constituted Court became an incompetent Court for all purposes, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679: AIR 2001 SC 3372 (3778). [Criminal Procedure Code, 1973, s. 465(1)]The expression 'a court of competent jurisdiction envisaged in s. 465' is to denote a validly constituted court conferred with jurisdiction to try the offence or offences, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679. [Criminal Procedure Code, 1973, s. 465(1)]...
Conusance of pleas
Conusance of pleas, a privilege that a city or town has to hold pleas. See COGNIZANCE....
Excommunication
Excommunication, an ecclesiastical interdict or censure, divided into the greater and the lesser; by the greater a person was excluded from the communion of the church and the company of the faithful, and was rendered incapable of any legal act; by the lesser he was merely debarred from participation in the Sacraments.See No. 33 of the Thirty-nine Articles of Religion as to avoiding an excommunicated person 'until he be openly reconciled by penance, and received into the church by a judge that hath authority thereto'; Canon 112, to the effect that the minister and churchwardens shall yearly within 40 days after Easter exhibit to the Bishop or his Chancellor the names and surnames of all the parishioners, as well men as women, which being of the age of sixteen years received not the Communion at Easter before; and Jenkins v. Cook, (1876) 1 PD 80, in which the Judicial Committee of the Privy Council admonished a vicar to refrain from refusing to administer the Communion to a parishioner....
Common Pleas, the Court of
Common Pleas, the Court of, so called because its original jurisdiction was to determine controversies between subject and subject, one of the three Superior Courts of Common Law at Westminster, presided over by a lord chief justice and five (formerly four) puisne, judges. It was detached from the King's Court (Aula Regis) as early as the reign of Richard I., and the 14th clause of Magna Charta enacted that it should not follow the King's Court, but be held in some certain place. Its jurisdiction was altogether confined to civil matters, having no cognizance in criminal cases, and was concurrent with that of the King' Bench and Exchequer in personal actions and ejectment. It had a peculiar or exclusive jurisdiction in the following cases:-(I.) Formal or plenary.(1) Real actions, under the C.L.P. Act, 1860, s. 26.(2) Under the (English) Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), over petitions complaining of an undue return or undue election of a member of Parliament.(II....
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
Abearance
Abearance, carriage or behaviour. A cognizance to be of goods, abearance means to be of good behaviour, 4 Bl. Com. 53....
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