Materials On Record - Law Dictionary Search Results
Home Dictionary Name: materials on recordMaterials on record
Materials on record, the expression 'materials on record' occurring in the Proviso, cannot be confined only to the materials which were available at the domestic enquiry. On the other hand, the 'materials on record' in the Proviso must be held to refer to materials on record before the Tribunal. They take in (1) the evidence taken by the management at the enquiry and the proceedings of the enquiry, or (2) the above evidence and in addition, any further evidence led before the Tribunal, or (3) evidence placed before the Tribunal for the first time in support of the action taken by an employer as well as the evidence adduced by the workmen contra, Workmen v. Firestone Tyre & Rubber Co. Ltd., AIR 1973 SC 1227 (1243): (1973) 1 SCC 813. [Industrial Disputes Act, 1947, s. 11A Proviso]...
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
Public records
Public records, includes:(i) any document, manuscript and file,(ii) any microfilm, microfiche and facsimile copy of a document,(iii) any reproduction of images embodied is such microfilm (whether enlarged or not), and(iv) any other material produce by a computer or by any other device, of any records creating agency. [Maharashtra Public Records Act, 2005, s. 2(g)]Public records, includes:(i) any document, manuscript and file;(ii) any microfilm microfiche and facsimile copy of a document;(iii) any reproduction of images embodied in such microfilm (whether enlarged or not); and(iv) any other material produced by a computer or by any other device of any records creating agency. [Public Records Act, 1993 (69 of 1993), s. 2 (e)]The general Records of the Realm are in the custody of the Master of the Rolls (see RECORD), and may be proved by a copy purporting to be carried by the deputy keeper of these Records [see the (English) Public Record Office Acts, 1838-1898]. As to public documents, s...
Error apparent on the face of the record
Error apparent on the face of the record, in the case of a reasoned award, the Court can interfere if the award is based upon a proposition of law which is unsound in law. The erroneous proposition of law must be established to have vitiated the decision. The error of law must appear from the award itself or from any document or note incorporated in it or appended to it. It is not permissible to travel beyond and consider material not incorporated in or appended to the award, Trustees of the Part of Madras v. Engg. Constructions Corp. Ltd. [Arbitration Act, 1940, s. 30(c) and 16(1)(c)]...
record
record 1 : to put in a record 2 : to deposit or otherwise cause to be registered in the appropriate office as a record and notice of a title or interest in property [ a deed] [ a mortgage] see also recording act 3 : to cause (as sound, images, or data) to be registered on something in reproducible form [ a telephone conversation] vi : to record something [re-kərd] n 1 : the documentary account of something [confidential medical s]: as a : an official document that records the acts of a public body or officer b : an official copy of a document deposited with a designated officer c : the official set of papers used and generated in a proceeding [the appeals court reviewed the trial ] d : documented evidence or history of one or more arrests or convictions see also business records exception, public records exception 2 : something (as a disc or tape) on which images, sound, or data has been recorded of record 1 : on the record of the court in connection with a particul...
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
Material facts and material particulars
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omi...
Acceptance of evidence
Acceptance of evidence, is not a term of art. It has an etymological meaning. It envisages exercise of judicial mind to the materials on record. Acceptance of evidence by a court would be dependent upon the facts of the case and other relevant factors. A piece of evidence in a given situation may be accepted by a court of law but in another it may not be, Cement Corpn. of India Ltd. v. Purya, (2004) 8 SCC 270. [Land Acquisition Act, 1894, s. 51A]...
Any mistake apparent from record
Any mistake apparent from record, cannot be defined scientifically, precisely or exhaustively and should be determined in the light of the fact and circum-stances of each case. It is well-settled that an error can be said to be an error apparent on the face of the record, if it is patent, manifest or self-evident. If one has to travel beyond the record to see whether the judgment or order is correct or not, the error cannot be described as an error apparent on the face of record, M. Ahammedkutty Haji v. Tahasildar Kozhikode, Kerala, (2005) 3 SCC 351.Means an error can be said to be an error apparent on the face of record, if it is patent, manifest or self-evident. If one has to travel beyond the record to see whether the judgment or order is correct or not, the error cannot be described as an error apparent, on the face of the record, M. Ahamadekutty Haji v. Tahsildar, (2005) 3 SCC 351 (359). [Kerala Building Tax Act, 1975 (7 of 1975), s. 15(1)]...
Record, Courts of
Record, Courts of, those whose judicial acts and proceedings are enrolled on parchment, for a perpetual memorial and testimony; which rolls are called the Records of the Court, and are of such high and supereminent authority that their truth is not to be called in question. Courts of Record are of two classes-Superior and Inferior. Superior Courts of Record include the House of Lords, the Judicial Committee, the Court of Appeal, the High Court and a few others. The Mayor's Court of London, the County Courts, Coroner's Courts, and others are Inferior Courts of Record, of which the County Courts are the most important. Every superior Court of record has authority to fine and imprison for contempt of its authority; an inferior court of record can only commit for contempts committed in open court, in facie curi'. See Co. Litt. 117 b, 260 a; Odgers on the Common Law; Odgers on Libel....
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