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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....


Official secrets

Official secrets. The (English) Official Secrets Act, 1889, was the first Act aimed at the prevention of the disclosure of official secrets. This Act was repealed and re-enacted with amendments by the (English) Official Secrets Act, 1911, which has been amended by the (English) Official Secrets Act, 1920. It is made an offence to spy in a 'prohibited place,' or wrongfully to communicate codes, plans, models, documents, or information relating to such a place, or to munitions of war, or which are used in such a place. There are special provisions as to arrest, the harbouring of spies, and the issue of search warrants. A Secretary of State may require the production of any document relating to a telegram or cable or wireless message. Every person who carries on the business of receiving letters, postal packets, or telegrams for other persons must be registered with the police and keep a record of the letters, etc., passing through his hands, and must not give up a letter, etc., unless a ...


Officiating continuously in a senior post

Officiating continuously in a senior post, the ex-pression 'officiated continuously in a senior post' in Rule 3(3)(b) of the Seniority Rules is to be constructed to mean holding a senior post on officiating basis prior to substantive appointment on such senior post. Since a person cannot be treated as officiating on a post after he has been substantively appointed on that post, the said expression cannot be construed as referring to the period of officiation subsequent to the date of substantive appointment, O.S. Singh v. Union of India, (1996) 7 SCC 37 (44). [I.P.S. (Regulation of Seniority) Rules, 1954]...


Act purporting to be done in official capacity

Act purporting to be done in official capacity, The words 'act purporting to be done in official capacity' have been construed to apply to non-feasance as well as to misfeasance. The word 'act' extends to illegal omissions, see Prasaddas v. Bennerjee, ILR (1930) 57 Cal 1127. No distinction can be made between acts done illegally and in bad faith and acts done bona fide in official capacity. See Bhagchand Dagadusa's case. S. 80 of the Code of Civil Procedure therefore is attracted when any suit is filed against a public officer in respect of any act purporting to be done by such public officer in his official capacity, State of Maharashtra v. Shri Chander Kant, AIR 1977 SC 148 (150): (1977) 1 SCR 933: (1977) 1 SCC 257. (M.P. Public Truts Act, 1951, s. 8)...


May have been allowed to officiate continuously

May have been allowed to officiate continuously, The words 'may have been allowed to officiate continuously' in clause (e) of Rule 16 mean actual and continuous officiation and not a fortuitous or fictional officiation. A notional construction of the clause would lead to anomalous results, State of Bihar v. Madan Mohan Prasad, AIR 1976 SC 404: (1976) 1 SCC 529: (1976) 3 SCR 110. [Bihar Superior Judicial Service Rules, R. 16 (e)]...


Official assignees

Official assignees, certain persons from the class of merchants or accountants who were appointed by the Lord Chancellor under the Bankruptcy Acts, 1849 and 1861, to act in bankruptcies; one of whom must have been an assignee of the bankrupt's estate and effects, together with the assignee or assignees chosen by the creditors. All the personal estate, the profits of the realty, and the proceeds of all such estates as were sold were received by such official assignees alone, and paid into the Bank of England to the credit of the Accountant in Bankruptcy. these officials cease to exist under the system of bank-ruptcy introduced in 1869 but the 'Official Receivers' established by the Act of 1883 greatly resemble them....


Official 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...


Officiating

Officiating, according to its ordinary connotation, the word 'officiating' is generally used when a servant having held one post permanently of substantively, is appointed to a post in a higher rank, but not permanently or substantively, while still retaining his lien on his substantive post, Arun Kumar Chatterjee v. South Eastern Railway, AIR 1985 SC 482 (485): (1985) 2 SCC 451. (1983) 3 SCR 18. (Railway Establishment Manual, R. 312)The word 'officiating' is generally used when a servant having held one post permanently or substantively is appointed to a post in a higher rank, but not permanently or substantively, while still retaining his lien on his substantive post i.e. officiating in that post till his confirmation, Arum Kumar v. South Eastern Railway, AIR 1985 SC 482....


foreign government official

foreign government official As a nonimmigrant class of admission, an alien coming temporarily to the United States who has been accredited by a foreign government to function as an ambassador, public minister, career diplomatic or consular officer, other accredited official, or an attendant, servant or personal employee of an accredited official, and all above aliens' spouses and unmarried minor (or dependent) children. Source: U.S. Citizenship and Immigration Services ...


Officially

By the proper officer by virtue of the proper authority in pursuance of the special powers vested in an officer or office as accounts or reports officially verified or rendered letters officially communicated persons officially notified...


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