Common Informer - Law Dictionary Search Results
Home Dictionary Name: common informer Page 1 of about 58 results (0.004 seconds)Common informer
Common informer, a person who prosecutes others for breaches of penal laws, or furnishes evidence on criminal trials for no other reason than to get the penalty or a share of it; for a recent instance of an action to recover penalties, see Forbes v. Samuel, (1913) 3 KB 706. Statutes occasionally provide that no proceedings shall be taken without the leave of the Attorney-General, see, e.g., the (English) Larceny (Advertisements) Act, 1870 (33 & 34 Vict. c. 65), and the (English) Public health (Officers) Acts, 1884 and 1885. Sometimes, too, as by the (English) Larceny (Advertisements) Act, 1870, the informers have lost the benefit of their penal action by a retrospective enactment that proceedings therein be stayed in payment of their costs out of pocket. See PENAL STATUTE....
First information report
First information report, An information given under sub-s. (1) of s. 154 Cr PC is commonly known as first information report (FIR) though this term is not used in the Code. It is a very important document. And as its nickname suggests it is the earliest and the first information of a cognizable offence recorded by an officer in charge of a police station, T.T. Antony v. State of Kerala, AIR 2001 SC 2637: (2001) 6 SCC 181....
Informer
Informer, a person who prosecutes those who break any law or penal statute; also an approver. See QUI TAM; APPROVER; COMMON INFORMER.Means (1) Informant (2) A private citizen who brings a penal action to recover a penalty. Under some statutes, a private citizen is required to sue the offence for a penalty before any criminal liability can attach, Black's Law Dictionary, 7th Edn., p. 783....
digital computer
a computer that represents information by numerical digits with a fixed number of values most commonly each piece of information is internally represented in binary code as an array of bits which are information units each of which can take only two values The possible values of each bit are conventionally represented as the numbers 1 or 0...
Penal statute
Penal statute, penal statute or penal law is a law that defines an offence and prescribes its corresponding fine, penalty or punishment, Karnataka Rare Earth v. Senior Geologist, (2004) 2 SCC 783 (791).Those which impose penalties or punishments for an offence committed; they are construed strictly in favour of the person charged with the offence. See, however, remarks of Lord Alverstone, C.J., in Dunning v. Swetman, (1909) 1 KB 776.The penalties or forfeitures under these statutes are generally made recoverable by the Crown, or the party aggrieved, or a common informer, as the case may be. See 4 Hen. 7, c. 20; 31 Eliz. c. 3; 18 Eliz. c. 5; 21 Jac. 1, c. 4; the (England) House of Commons (Disqualification) Acts of 1782 and 1801; and Chitty's Statutes, tit. 'Penal Actions.'This remedy is generally designated a penal action; or, where one part of the forfeiture is given to the Crown and the other part to the informer, a popular or qui tam (q.v.) action. For an instance of a recent action...
Compounding
Compounding, arranging, coming to terms; compounding a felony is where the party robbed not only knows the felon, but also takes his goods again, or other amends, upon an agreement not to prosecute; this offence was denominated theftbote. It is a misdemeanour and is punishable by fine and imprisonment. See Reg. v. Burgess, (1885) 16 QBD 141.It is no offence to compound a misdemeanour unless the offence is virtually an offence against the public, for the party injured may maintain an action to recover compensation in damages. See Keir v. Leeman, (1844) 6 QB 308; (1846) 9 QB 371; Odgers on the Common Law. And compounding offences only cognizable before magistrates on summary jurisdiction is not within 18 Eliz. c. 5.Corruptly to take reward for helping a person to recover stolen goods is felony (Larceny Act, 1916, s. 34); and to advertise a reward for the return of things stolen by an advertisement representing that no questions will be asked, etc., incurs a penalty of 50l. (Larceny Act, ...
Larceny (Advertisement) Act, 1870 (English)
Larceny (Advertisement) Act, 1870 (English) (33 & 34 Vict. c. 65). By the Larceny Act,1861 (24 & 25 Vict. c. 96), s. 102, a penalty of 50l. is imposed on any person publishing an advertisement for the return of stolen goods 'without questions being asked,' recoverable by anyone suing for it. This leading to vexatious actions by common informers against the publishers of newspapers, the Act of 1870 enacts that no such action be brought against printers or publishers of newspapers without the consent of the Attorney-General, etc....
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Promoter
Promoter, a term anciently sometimes applied to a common informer generally (see 5 Inst. 191), but in modern times applied only to the prosecutor of an ecclesiastical suit, as in Combe v. Edwards, (1878) 3 PD 103.Those who obtain, or take steps for obtaining, the passing of a private Act of Parliament, to the incorporation of a company under the Companies Acts, are called the promoters. In many respects promoters stand in a fiduciary capacity towards the company which they are engaged in forming, see Twycross v. Grant, (1877) 2 CPD 469; Lagunas Nitrate Co. v. Lagunas Syndicate, (1899) 2 Ch 392, and also OMNIUM; Electric Palace v. Baines, (1914) 1 Ch 532, where the position of promoter vendors was discussed. The promoters usually pay the registration fees, and the company is under no liability to repay them, Re National Motor Co., (1908) 2 Ch 515.As to the liability of promoters of a company for any untrue statements in the prospectus, see s. 37 of the Companies Act, 1929, and 4th Sch.,...
Libel
Libel [fr. libellus, Lat.; libelle, Fr.]. False defamatory words, if written and published, constitute a libel: Odgers on libel, p. 1. 'Everything printed or written, which reflects on the character of another, and is published without lawful justification or excuse, is a libel whatever the intention may have been', O'Brien v. Clement, (1846) 15 M & W 435, per Parke, B. A statement in a talking film is a libel and not merely a slander, Yossopoff v. Metro-Goldwyn-Mayer Picture Corporation, 78 Sol Jo 617. As to publication by dictation, etc., to a typist, see Osborn v. Boulter & Son, (1930) 2 KB 226. All contumelious matter that tends to degrade a man in the opinion of his neighbours, or to make him ridiculous, will amount (when conveyed in writing, or by picture, effigy, or the like, Monson v. Tussauds, Ltd., (1894)1 QB 671, to libel. A writing of fictitious character which incidentally contains the name of a real person may be a libel: see Jones v. Hulton & Co., 1910 AC 20, where Lord ...
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