Officer - Law Dictionary Search Results
Home Dictionary Name: officerOffice 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municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, .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...
Officer
Officer. See ARMY; NAVY. A contract between the Crown and any of its military or naval officers for services rendered or to be rendered is not enforceable in a Court of law, see Jynaston v. A.G., 49 TLR 300.It means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes--(a) an officer of any Air Force Reserve or the Auxiliary Air Force who is for the time being subject to this Act.(b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy. [Air Force Act, 1950, s. 4(xxiii)]It means a president, vice-president, chairperson, vice chair-person, managing director, secretary, manager, member of a board, treasurer, liquidator, an administrator appointed under s. 123 and includes any other person empowered under this Act or the rules or the bye-laws to give directions in regard to the business of a multi-State co-operative society. [Multi-State Co-operative Societies Act, ...
Public officer
Public officer, means a person falling under any of the following descriptions, namely:-(a) every Judge;(b) every member of an All India Service;(c) every commissioned or gazetted officer in the military naval or air forces of the Union while serving under the Government.(d) Every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge of dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorized by a Court of Justice to perform any of such duties.(e) Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;(f) Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public h...
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....
Adjudicating officer
Adjudicating officer, means the officer appointed by the Board as adjudicating officer under section 19H of the Act [Depositories (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 2005, R. 2(b)]Means the officer appointed by the securities and Exchange Board of India as adjudicating officer under section 23-I of the Act. [Securities Contracts (Regulation) (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 2005, R. 2(b)]means an adjudicating officer appointed under sub-s. (1) of s. 46. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (c)]...
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....
Officer of the post office
Officer of the post office, the expression 'officer of the Post Office' includes any person employed in any business of the Post Office or on behalf of the Post Office. [Post Office Act, 1898, s. 2(e)]...
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)]...
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