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....
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)]...
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...
misfeasance
misfeasance [Anglo-French misfesance, from Middle French mesfaire to do wrong, from mes- wrongly + faire to make, do, from Latin facere] : the performance of a lawful action in an illegal or improper manner ;specif : the performance of an official duty in an improper or unlawful manner or with an improper or corrupt motive compare malfeasance, nonfeasance ...
misprision
misprision [Anglo-French, error, wrongdoing, from Old French, from mesprendre to make a mistake, from mes- wrongly + prendre to take, from Latin prehendere to seize] 1 : neglectful or wrongful performance of an official duty 2 : a clerical error in a legal proceeding that can be corrected in a summary proceeding 3 : the concealment of a treason or felony and failure to report it to the prosecuting authorities by a person who has not committed it [ of felony] [ of treason] ...
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