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Post Conviction - Law Dictionary Search Results

Home Dictionary Name: post conviction

post-conviction

post-conviction : relating to or occurring in the period following conviction [ review] ...


Post-dated cheque

Post-dated cheque, are not invalid, but the banker should not pay such a cheque if presented before the date it bears. If therefore, a cheque dated on a Sunday is presented on the previous business day, it should be returned with the answer post-dated. A post-dated cheque, however, if presented at or after its ostensible date, should be paid though the banker knows it to be post-dated, and even if it has been presented before the date and refused payment, Halsbury's Laws of England, 4th Edn., Vol. 3(1), p. 143.Means a cheque must not be post-dated, that is, dated after the day on which it is presented for payment to the drawee branch. Post-dated cheques present for more difficulties to the banker than antedated cheques. There are practical difficulties rather than legal ones ..... But a cheque is generally post-dated because the drawer does not expect to have the funds to meet it until that date arrives. It is a mandate to the banker to the effect that it should not be paid before that...


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...


sentence

sentence [Old French, opinion, judicial sentence, from Latin sententia, ultimately from sentire to feel, think, express an opinion] 1 : a judgment formally pronouncing the punishment to be inflicted on one convicted of a crime 2 : the punishment that one convicted of a crime is ordered to receive concurrent sentence : a sentence that runs at the same time as another consecutive sentence : a sentence that runs before or after another cumulative sentence : consecutive sentence in this entry ;also : the combination of two or more consecutive sentences death sentence : a sentence condemning the convicted defendant to death de·ter·mi·nate sentence [di-tər-mə-nət-] : a sentence for a fixed rather than indeterminate length of time general sentence : a sentence that does not allocate the punishment imposed for the individual counts on which the defendant was convicted NOTE: General sentences are impermissible. in·de·ter·mi·nate s...


res judicata

res judicata [Latin, judged matter] 1 : a thing, matter, or determination that is adjudged or final: as a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute b : a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter [the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint "Southeast Mortg. Co. v. Sinclair, 632 So. 2d 677 (1994)"] ;also : the barring effect of such a determination 2 : a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication [the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal "Stowers v. State, 657 N.E.2d 194 (1995)"]: as a : a broad doctrine in civil litigation that requires and includes ...


time-barred

time-barred : barred by the passage of time under a statute of limitations, statute of repose, or procedural rule [petition for post-conviction relief was ] ...


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]...


Permanent post

Permanent post, 'permanent post' means a post carrying a definite rate of pay sanctioned without limit of time. Fundamental Rule 9 (30) define 'temporary post' as a post carrying a definite rate of pay sanctioned for a limited time. G.R. Luthra v. Lt. Governor, AIR 1974 SC 1908 (1910): (1975) 3 SCC 258: (1975) 1 SCR 974.Permanent post, carries a definite rate of pay without a limit of time, Prem Bihari Lal Saxena v. State of Uttar Pradesh, AIR 1965 All 406; Makar Dhwaaj Pal v. Neera Yadav, (1994) 2 SCC 741....


Post-graduate degree

Post-graduate degree, by 'post-graduate degree' is meant a Master's degree like the M.A. or M.Sc. and not a Bachelor's degree like the B.T. In other words, the expression connotes the successful completion of a course of studies at a higher level in any speciality, after the acquisition of a basic qualification at the graduate level. The B.T. course of studies, is open only to graduates and in a dictionary manner of speaking, the degree of 'Bachelor of Teaching' may be said to be a 'post' graduate degree in the same that the degree is obtainable only 'after graduation', Juthika Bhattacharya v. State of Madhya Pradesh, AIR 1976 SC 2534 (2536): (1976) 4 SCC 96.Post-graduate degree, has acquired, in the educatio-nal world, a special significance, a technical content. A Bachelor's degree like the B.T., or the LL.B. is not considered to be a postgraduate degree even though those degrees can be taken only after post-graduate. In the refined and elegant world of education, it is the holder of...


Unspecified specialists posts and unspecified posts

Unspecified specialists posts and unspecified posts, when a post from amongst unspecified Specialists' posts is converted to a specified post which means specified in the speciality in which a need has been felt from amongst those in the Specialists' grade belonging to that speciality and in order of their inter se seniority a promotion could be given, Dr. N.C. Singhal v. Union of India, AIR 1980 SC 1255 (1260): (1980) 3 SCC 44: (1980) 3 SCR 29....


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