Dismissal - Law Dictionary Search Results
Appointing authority
Appointing authority, the authority which appoints can only dismiss such persons as have been appointed by it. It cannot dismiss persons appointed by any other authority, for such persons have not been appointed by it in the exercise of its power as appointing authority, State of Assam v. Kripanath Sarma, AIR 1967 SC 459 (462); see also AIR 1961 SC 276 (282)....
plea bargaining
plea bargaining : the negotiation of an agreement between the prosecution and the defense whereby the defendant pleads guilty to a lesser offense or to one or some of multiple offenses usually in exchange for more lenient sentencing recommendations, a specific sentence, or dismissal of other charges plea-bargain vi plea bargain n ...
Such other order as it thinks fit
Such other order as it thinks fit, does not include an order of dismissal of suit, Raj Rani Srivastava v. District Judge, Lucknow, (1997) 1 JCLR 191 (See also Code of Civil Procedure, 1908, O. 27, r. 2)....
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...
Dismissed
Dismissed, denotes both termination of service for misconduct by way of punishment and also termination of service simpliciter, Workers Employed in Hirakud Dam v. State of Orissa, (1971) 1 SCC 583: AIR 1971 SC 2242: (1971) 3 SCR 646.Power to dismiss an appeal in limine is a power which must be exercised sparingly and with great circumspection. One would think a conviction for murder and a sentence of imprisonment for life were serious enough matters for the High Court to warrant 'admission' of the appeal and fair and independent consideration of the evidence by the High Court. Summary rejection of the appeal with the laconic expression 'dismissed' seems to be a drastic step in such cases. To so reject an appeal is to practically deny the right of appeal. One cannot also overemphasise the importance of the High Court making a speaking order when dismissing a criminal appeal in limine. 'The requirement of recording reasons for summary dismissal, however concise, serves to ensure proper f...
Endowed schools
Endowed schools. Schools wholly or partly maintained out of an endowment. The (English) Endowed Schools Acts are 23 Vict. c. 11; 31 & 32 Vict. c. 32; 32 & 33 Vict. c. 56; 36 & 37 Vict. c. 87; 38 & 39 Vict. c. 29; and 42 & 43 Vict. c. 66; since which statutes their temporary provisions have been continued by (English) Annual Expiring Laws Continuance Acts. The principal Act is that of 1869 (32 & 33 Vict. c. 56), which provided for the reorganization of endowed schools generally (ex-cepting those subject to the (English) Public Schools Act, 1868, as to which see PUBLIC SCHOOLS) through the medium of 'schemes' to be framed by the 'Endowed Schools Commissioners,' whose powers were transferred by the (English) Act of 1874 (37 & 38 Vict. c. 87), to the Charity Com-missioners, and are now vested in the Board of Education. As to the dismissal of masters, see the (English) Endowed Schools (Masters) Act, 1908 (8 Edw. 7, c. 39), and Wright v. Zetland (Marquess), (1908) 1 KB 63. As to inspection o...
Lighting and Watching Act, 1833
Lighting and Watching Act, 1833 (English) (3 & 4 Wm. 4, c. 90), superseding 2 Go. 4, c. 27. An Act which may be adopted in any parish by the votes of a majority of two-thirds of the ratepayers, and which, if adopted, regulates the lighting of the parish 'by gas, oil, or otherwise' (s. 45), and the appointment (s. 39), employment, and dismissal of watchmen or constables therein. The Act may be abandoned in three years after adoption (s. 15).The Act was repealed as to the metropolis by the (English) Sanitary Act, 1866 (29 & 30 Vict. c. 90), s. 35, and is superseded by the (English) Public Health Act in districts where that Act is in fore [see (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 163].In a rural parish the parish meeting has exclusive power of adoption by virtue of s. 7 (1) (a) of the Local Government Acts, 1894 and 1933 (23 & 24 Geo. 5, c. 51), ss. 307 and 308, Sched. II. By the Rating and Valuation Act, 1925 (15 & 16 Geo. 5, c. 90), s. 3 (1), the rate is to be lev...
Misconduct and quarrel
Misconduct and quarrel, Private quarrel between an employee and a stranger with which the employer is not concerned falls outside the categories of misconduct, it cannot be reasonably disputed that acts which are subversive of discipline amongst employees or misconduct or misbehaviour by an employee which is directed against another employee of the concern may in certain circumstances constitute misconduct so as to form the basis of an order of dismissal or discharge, Lalla Ram v. D.C.M. Chemical Works Ltd., AIR 1978 SC 1004: (1978) 3 SCC 1: (1978) 3 SCR 82....
Non pros
Non pros., abbrev. For non prosequitur (he [the plaintiff] does not pursue [his action]). Where the plaintiff failed to take the proper step in his action in the proper time, the defendant entered what was called a non prosequitur, and signed final judgment against the plaintiff, who was said to be non pros.Under R.S.C. 1883, Ord. XXVII., when the plaintiff neglects to proceed, the course is for the defendant to apply for a dismissal of the action for want of prosecution....
Probationer
Probationer, a government servant on probation; can be discharged and such discharge does not amount to dismissal or removal within the meaning of Art. 311(2); the services of a probationer are terminated in accordance with the rules and not by way of punishment, Ravendra Chandra v. Union of India, AIR 1963 SC 1552.Means a temporary appointment till one has proved to be fit for the permanent appointment, Nand Shankar v. State of Rajasthan, AIR 1957 Raj 148....
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