Discharge - Law Dictionary Search Results
Home Dictionary Name: discharge Page 1 of about 468 results (0.002 seconds)Discharge
Discharge, to relieve of a duty. A sheriff is said to be discharged of his prisoner; a prisoner discharged from custody; a jury discharged from the cause. See next title.A rule nisi is discharged when the Court decides that it shall not be made absolute, i.e., that the party who obtained the rule nisi should take nothing, and the suit remain in statu quo. See RULE.In a warrant case instituted otherwise than on a police report, 'discharge' or 'acquittal' of accused are distinct concepts applicable to different stages of the proceedings in Court. The legal effect and incidents of 'discharge' and 'acquittal' are also different. An order of discharge in a warrant case instituted on complaint, can be made only after the process has been issued and before the charge is framed. S. 253(1) shows that as a general rule there can be no order of discharge unless the evidence of all the prosecution witnesses has been taken and the Magistrate considers for reasons to be recorded, in the light of the...
discharge
discharge 1 : to release from an obligation: as a : to relieve of a duty under an instrument (as a contract or a negotiable instrument) ;also : to render (an instrument) no longer enforceable [a formal instrument…may be discharged by either cancellation or surrender "J. D. Calamari and J. M. Perillo"] b : to release (a debtor in bankruptcy) from liability for his or her debts 2 : to release from confinement, custody, or care [ a prisoner] 3 a : to dismiss from employment : terminate the employment of b : to release from service or duty [ a jury] [ a witness] 4 a : to get rid of (as a debt or obligation) by performing an appropriate action b : to fulfill a requirement for [evidence which is required to the burden of going forward "W. R. LaFave and A. W. Scott, Jr."] 5 : to order (a legislative committee) to end consideration of a bill in order to bring it before the house for action dis·charge·abil·i·ty [dis-chÄ r-jə-bi-lə-tē...
In discharge of his duty
In discharge of his duty, In view of the words 'by otherwise abusing his position' read along with the words 'in the discharge of his duty' in s. 5(1)(d) of the Prevention of Corruption Act, 1947, an offence under that section requires that the public servant should misconduct himself in the discharge of his duty, State of Ajmer v. Shivji Lal, AIR 1959 SC 847: (1959) Supp (2) SCR 739. [Prevention of Corruption Act, 1947, s. 5(1)(d)]In discharge of his duty, can have only one meaning and that the officer has a duty to discharge and is discharging it at the particular time. They cannot mean that the officer is acting 'under colour' of his office. He must be acting at the time as a police officer and in the particular manner discharging a duty incumbent upon him as a police officer, Queen Empress v. Dalip, 18 All 246....
In the discharge of duty
In the discharge of duty, s. 121 of the Railways Act, 1890 states: If a person willfully obstructs or impedes any railway servant in the discharge of his duty, he shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. The expression 'in the discharge of his duty' is not equivalent to the expression' when on duty', Shyam Lal v. State of U.P., AIR 1963 SC 1511 (1514): (1964) 2 SCR 61. [Railways Act, 1890, s. 121]...
constructive discharge
constructive discharge see discharge ...
retaliatory discharge
retaliatory discharge see discharge ...
wrongful discharge
wrongful discharge see discharge ...
Charge and discharge
Charge and discharge, the old mode of taking accounts in Chancery, Daniell's Chancery Practice, 2nd Edn.In Scotland the accounts of the intromissions of trustees are commonly called Accounts of charge and discharge.Equity Practice, court ordered account filing by a plaintiff and a defendant, Black's Law Dictionary, 7th Edn....
Discharge of a jury
Discharge of a jury takes place (1) either by the act of God, as the death of one of the jury; or (2) in due course on the termination of the trial by verdict (or sentence); or by the discretion of the judge determining that they are so exhausted as to be incapable of continuing their deliberations, or so divided as to be unable ever to agree, or that there is other sufficient cause. After such discharge there may be a further trial by another jury. See Winsor v. The Queen, (1866) LR 1 QB 289 (390), in which the Exchequer Chamber held this upon writ of error in a trial for murder in which the jury had declared at five minutes before a Saturday midnight that they were unable to agree, and on a second trial another jury found the prisoner guilty and she was sentenced to death and afterwards hanged....
Discharge of trustees
Discharge of trustees. See (English) Trustee Act, 1925, ss. 39, 40, and as to deeds of discharge of trustees for the purpose of the (English) Settled Land Act, 1925, and endorsement upon of notices, etc., or annexing the same vesting instruments, see Settled Land Act, 1925, s. 35....
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