Proper Officer - Law Dictionary Search Results
Home Dictionary Name: proper officerProper officer
Proper officer, in relation to any functions to be performed under this Act, means the officer of customs who is assigned those functions by the Board or the Commissioner of Customs. [Customs Act, 1962 (52 of 1962), s. 2 (34)]...
Office-copy
Office-copy, a transcript of a proceeding filed in the proper office of a court under the seal of such office. As to when office-copies are receivable in evidence, see Taylor on Evidence; and as to official marking, etc., see (English) R.S.C. 1883, Ord. LXVI. r. 7....
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
file
file filed fil·ing vt 1 a : to submit (a legal document) to the proper office (as the office of a clerk of court) for keeping on file among the records esp. as a procedural step in a legal transaction or proceeding [filed a tax return] [a financing statement filed with the Secretary of State] [filing a notice of appeal] ;also : record [filed a mortgage in the Registry of Deeds] NOTE: In nearly all cases, a document is deemed to be filed when it is actually received by the office to which it is directed. A few cases, however, have held that a document is filed upon the mailing of it. b : to place (as a document) on file among the records of an office esp. by formally receiving and endorsing [a complaint filed by the clerk despite the absence of the filing fee] 2 : to return (the documentation in a case) to the records of a clerk of court without any determination of the case ;broadly : to conclude (a case) without a determination on its merits 3 : to initiate (a judicial...
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...
return
return 1 a : to give (an official account or report) to a superior (as by a list or statement) [ the names of all residents in the ward] [ a list of jurors] b : to bring back (as a writ, verdict, or indictment) to an office or tribunal [the sheriff must the execution…to the proper clerk within sixty days "J. H. Friedenthal et al."] [the grand jury ed six indictments] [ed a verdict of not guilty] 2 : to bring in or produce (as earnings or profit) : yield re·turn·able adj n 1 a : the delivery of a court order (as a writ) to the proper officer or court b : proof of service 2 : return day 3 : an account or formal report (as of an action performed or duty discharged or of facts and statistics) [census s] ;esp : a set of tabulated statistics prepared for general information usually used in pl. 4 a : a report of the results of balloting [election s] b : an official declaration of the election of a candidate [each house shall be the judge of the elections, s,...
In the opinion of Income Tax Officer
In the opinion of Income Tax Officer, The expression 'in the opinion of the Income-tax Officer' in the proviso to s. 13 of the Indian Income-tax Act, 1922, does not confer a mere discretionary power, in the context it imposes a statutory duty on the Income-tax Officer to examine in every case the method of accounting employed by the assessee and to see whether or not it has been regularly employed and to determine whether the income, profits and gains of the assessee could properly be deduced therefrom, CIT v. A. Krishnaswamy Mudaliar, AIR 1964 SC 1843: (1964) 7 SCR 776. (Income-tax Act, 1922, s. 13...
Authentication
Authentication, an attestation made by a proper officer by which he certifies that a record is in due form of law, and that the person who certifies it is the officer appointed so to do....
Battery
Battery [batterie, Fr., fr battre, to beat], beating and wounding. This, in law, includes every touching or laying hold, however trifling, of another's person or clothes, in an angry, revengeful, rude, insolent, or hostile manner. It is a good defence to prove that the alleged battery happened by misadventure, or that it was merely an amicable contest, or that it was the correcting of a child by its parent, or the punishment of a criminal by the proper officer, or that the prosecutor assaulted or beat the defendant first, and that the defendant committed the alleged battery merely in his own defence as to the criminal proceedings for battery, see (English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), ss. 42, 43. See ASSAULT.Battery, includes even the slightest force, no actual harm need result, it is actionable per se, Kenlin v. Gardiner, (1967) 2 QB 510; Fagan v. Metropolitan Police Commissioner, (1969) 1 QB 439; Freeman v. Home Office, (1984) QB 524.Means a crime and...
Homicide
Homicide, destroying the life of a human being. In its several stages of guilt, arising from the parti-cular circumstances of mitigation or aggravation which attends it, it is either justifiable, excusable, or felonious.I. Justifiable, of three kinds:(a) Where the proper officer executes a criminal in strict conformity with his sentence.(b) Where an officer of justice, or other person acting in his aid, in the legal exercise of a particular duty, kills a person who resists or prevents him from executing it.(g) Where it is committed in prevention of a forcible and atrocious crime, 1 Hale, 488.II. Excusable, of two kinds:-(a) Per infortunium, or by misadventure, as where a man doing a lawful act, without any intention of hurt, by accident kills another; but if death ensue from any unlawful act, the offence is manslaughter, and not misadventure.(b) Se defendendo, as where a man kills another upon a sudden encounter in his own defence, or in the defence of his wife, child, parent, or serva...
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