Office - Law Dictionary Search Results
Home Dictionary Name: officeOffice of profit
Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...
Office
Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...
Post office
Post office, the expression 'post office' includes every house, building, room, carriage or place used for the purposes of the Post Office, and every letter-box provided by the Post Office for the reception of postal articles. [(Indian) Post Office Act, 1898 (6 of 1898), s. 2(h)]The Government service of the carriage of letters, first established in 1643. Regulated by statutes 7 Wm. 4 & 1 Vict. c. 33; 1 & 2 Vict. cc. 97, 98; 3 & 4 Vict. c. 96 (the Post Office (Duties) Act, 1840, which established penny postage), and many other Acts, which are consolidated by the Post Office Act, 1908, as amended by subsequent Acts. Besides its monopoly in respect of letters, telegraphs and wireless telegraphy (q.v.) and telephones (q.v.), it carries on the business of a carrier of parcels, a savings bank, life assurance, the transmission of money by postal orders and money orders, and pays old age pensions. See also (English) Post Office and Telegraph Act, 1920; (English) Post Office (Parcels) Act, 192...
Crown Office
Crown Office, a department originally belonging to the Court of King's Bench. The Act (6 & 7 Vict. c. 20) abolished the clerks in this Court and themonopoly of their practice, throwing it opento all persons admitted or admissible to practise as attorneys of the then Court of Queen's Bench; it also abolished several ancient offices and many burthen some fees,and made the office subject to the direct control of the Lord Chief Justice. Judicature Act, 1925, ss. 104 et seq. Replaces the (English) Supreme Court of Judicature (Officers) Act, 1879 (42 & 43 Vict. c. 78), which amalgamated the Crown Office with the Cntral Office of the Supreme Court, and transferred to such Central Office the' King's Coroner and Attorney' and the 'Masterof the Crown Office.'. See R.S.C. 1883, Ord.LXI., and Short and Mellor's Crown Office Practice....
Office of profit under the government
Office of profit under the government, the term 'office of profit under the government' used in clause (a) is an expression of wider import than a post held under the government which is dealt with in Part XIV of the Constitution. The true principle behind this provision in Article 102(1)(a) is that there should not be any conflict between the duties and the interest of an elected member. Government controls various activities in various spheres and in various measures. But to judge whether employees of any authority or local authorities under the control of government become government employees or not or holders of office of profit under the government, measure and nature of control must be judged in the light of the facts and circumstances in each case so as to avoid any possible conflict between personal interests and duties, Ashok Kumar Bhattacharyya v. Ajoy Biswas, AIR 1985 SC 211: (1985) 1 SCC 151: (1985) 2 SCR 50.(ii) The term holding 'office of profit under the government' use...
Act done under colour of office
Act done under colour of office, an act is not done under colour of an office merely because the point of time at which it is done coincides with the point of time the accused is invested with the powers or duty of the office. To be able to say that an act was done under the colour of an office one must discover a reasonable connection between the act alleged and the duty or authority imposed on the accused by the Bombay Police Act or other statutory enactment. Unless there is a reasonable connection between the act complained of and the powers and duties of the office, it is difficult to say that the act was done by the accused officer under the colour of his office, State of Maharashtra v. Narhar Rao, AIR 1966 SC 1783 (1785): (1966) 3 SCR 880. See also AIR 1963 SC 849. [Indian Penal Code, 1860, s. 161(1)]...
Judicial office
Judicial office, Administrative proximity with judicial work was regarded as an excuse good enough to elevate the administrator into a holder of judicial office, State of Haryana v. Haryana Co-operative Transport, AIR 1977 SC 237 (239): (1977) 1 SCC 271.'Judicial office' is used in the proviso; a person holding judicial office being a member of the Judicial Service, or, in short, a judicial officer. In the matter of enrolment of Sri H.P. Chaudhari, AIR 1959 All 472.'Judicial office' subsisting office with a substantive position which has an existence independent from its holder, Shri Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213. [Constitution of India Art 217 (2) (a)]...
Misconduct in office
Misconduct in office, has been defined as any unlawful behaviour by a public office in relation to the duties of his office, willful in character. Terms embraces acts which the office holder had no right to perform, acts performed improperly and failure to act in the face of an affirmative duty to act, Chairman & M.D. Bharat Petrol Corporation Ltd. v. T.K. Raju, (2006) 3 SCC 143: (2006) 2 JT 624: (2006) 2 SCALE 553: (2006) 2 Supreme 369: (2006) 2 SLT 712: (2006) 3 SCJ 30: (2006) 4 SCJD 302: (2006) 3 SRJ 515: (2006) 2 LLJ 113: (2006) 109 FLR 232: (2006) 3 SLR 220: (2006) 2 SLJ 470.Misconduct in office, means 'any unlawful behavi-our by a public officer in relation to the duties of his office, willful in character. Term embraces acts which the officer holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act, Black's Law Dictionary, 7th Edn., p. 999....
Office of the post office
Office of the post office, the expression includes any person employed in any business of the Post Office or on behalf of the Post Office. [Indian Post Office Act, 1898, s. 2(e)]...
Under Colour of Office
Under Colour of Office, do not mean the same thing as 'by virtue of'. Any rightful act in office is by virtue of office and a wrongful act in office may be under colour of office. An act may none the less be under colour of office, however, unreasonable it might be, and although itmight be done in mistaken exercise of duty or authority, Emperor v. Amimiya Imammiya, AIR 1948 Bom 197: (1947) 49 Bom LR 829....
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