Official Duty - Law Dictionary Search Results
Home Dictionary Name: official dutyOfficial duty
Official duty, implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty, B. Saha v. M.S. Kochar, (1979) 4 SCC 177: 1979 SCC (Cri) 939.The use of the expression 'official duty' implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty. The section does not extend its protective cover to every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of official duty, S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31(38); see also State of Orissa v. Ganesh Chandra Jain, (2004) 8 SCC 40. (Cr. P.C., 1973, s. 197)It implies that the act or omission must have been done by the public servant in the course of his service and that it should fall within scope of range of his official duty, Rak...
Official act or duty
Official act or duty, 'official' according to dictionary, means pertaining to an office. And official act or official duty means an act or duty done by an officer in his official capacity, State of Maharashtra v. Budhikota Subbarao, (1993) 3 SCC 339: (1993) 2 SCR 329....
Active duty
Active duty, in relation to a person subject to this Act, means any duty as a member of the Force during the period in which such person is attached to, or forms part of, a unit of Force-(i) which is engaged in operations against an enemy, or (ii) which is operating at a picket or engaged on patrol or other guard duty along the borders of India, and includes duty by such person during any period declared by the Central Government by notifica-tion in the Official Gazette as a period of active duty with reference to any area in which any person or class of persons subject to this Act may be serving. [Border Security Force Act, 1968, s. 2 (1)(a)]Means the duty to restore and preserve order in any local area in the event of any disturbance therein. [Central Reserve Police Force Act, 1949 (66 of 1949), s. 2 (a)]Means, in relations to a person subject to this Act means any duty as a member of the Force during the period in which such person is attached to, or forms part of, a unit of the For...
Cognizance
Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.Means exercising jurisdiction if it is in respec...
Official act
Official act, the expression 'Official act' means an act by a person while acting or purporting to act in discharge of his official duties, AIR 1967 Punj 51 (52). [Criminal PC, 1898, s. 197(1)]...
Immunity
Immunity, exemption, not likely to be affected.Immunity in short is no liability. It is an immunity from the legal power of some other person. The correlative of immunity is disability, Shanti Kumar R Chanji v. House Insurance Co. Ltd., AIR 1974 SC 1719 (1722).Immunity, is -- 'freedom or exemption from penality, burden or duty'. Immunity from prosecution under section 64 mean freedom from punishment during a proceeding instituted and carried on by law, Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734. [See Narcotic Drugs and Psychotropic Substances Act (61 of 1985), s. 64]Means any exemption from a duty, liability, or service of process, esp., such an exemption granted to a public official, Black's Law Dictionary, 7th Edn., p. 752.Is an exemption or freedom from general obligation, duty, burden or penalty, Raja Ram Pal v. Hon'ble Speaker, Lok Sabha, (2007) 3 SCC 184....
Extra official
Not prescribed by official duty...
Official
Of or pertaining to an office or public trust as official duties or routine...
Bribe
Bribe, a fit to any person in office or holding a position of trust, with the object of inducing him to disregard his official duty or betray his trust for the benefit of the giver. It is a misdemeanour at common law for a public officer, whether judicial or ministerial, to accept a bribe, or for such an officer to conspire with others that he shall receive such a bribe, Rex v. Whitaker, (1914) 3 KB 1283. It has long been settled law that the secret profits of an agent belong to his principal: see De Busche v. Alt, (1878) 8 Ch D 286. The acceptance of a secret commission from the other side to a negotiation justifies the dismissal of the agent receiving it, Boston Deep Sea Fishery v. Ansell, (1888) 39 Ch D 339. The bribery of an agent avoids a contract: see Shipway v. Broadwood, (1899) 1 QB 369, where a veterinary surgeon employed to test horses by the purchaser had passed them after acceptance of a bribe from the seller. In such a case it is an immaterial inquiry to what extent the br...
Merit
Merit, 'Merit' consists of a high degree of intelligence coupled with a keen and incisive mind, sound knowledge of the basic subjects and infinite capacity for hard work and also calls for a sense of social commitment and dedication to the cause of the poor, Dr. Pradeep Jain v. Union of India, AIR 1984 SC 1420 (1431): (1984) 3 SCC 654: (1984) 3 SCR 942.No doubt the term 'merit' is not capable of an easy definition, but it can be safely said that merit is a sum total of various qualities and attributes of an employee such as his academic qualifications, his distinction in the University, his character, integrity, devotion to duty and the manner in which he discharges his official duties. Allied to this may be various other matter or factors such as his punctuality in work, quality and outturn of work done by him and the manner of his dealings with his superiors and subordinate officers and the general public and his rank in the service and annual confidential report. All these and other...
- << Prev.
- Next >>