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Institution of a case

be instituted in a court only when the court takes cognizance of the offence alleged therein. When a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitutes such offence a case is

Addictio

Addictio, the act of a magistrate, the pr'tor in Civil Law. The addictio had different purposes: to enfranchise a slave (manumissio vindicta), to adopt

arraign

stressing goal of an action + raisnier to speak] : to bring (a defendant) before a judge or magistrate to hear the charges and to plead usually either guilty or not guilty compare indict NOTE: For a

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Under the provisions hereinbefore contained

Under the provisions hereinbefore contained, means if the magistrate comes to the conclusion that the accused ought to be committee for trial, he shall commit in accordance

Taking cognizable

Taking cognizable, the expression 'taking cogniz-able' means the Magistrate take cognizance of an offence and not the offenders, Raghubans Dubey v. State of Bihar, (1967) 2 SCR

Specially empowered

is within its competence to confer powers under s. 2(c) of the Act on some or all the Magistrates of the First Class in the State, in any of the modes known to law, and the Magistrate

Justices

judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace.

Complaint

see R. v. Norton, (1910) 2 KB 496. Means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has

Judicial Act

to justices of the peace, and declare that certain acts shall only be valid if done by two Magistrates. If it be only a ministerial act, it is not requisite that the two Magistrates should be together

Wreck

life from a wreck, see Offences against the (English) Person Act, 1861, s. 17. As to assaulting a magistrate, officer, etc., engaged in preserving a wreck or goods cast on shore, see s. 37 of that Act.

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