Prosecute - Law Dictionary Search Results
Home Dictionary Name: prosecute Page: 2Prosecuting officer
Prosecuting officer, means a person, by whatever name called, appointed to perform the functions of a public prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code. [Code of Criminal Procedure, 1973 (2 of 1974), s. 24(6) (Exp-b) (prev.)]...
special prosecutor
special prosecutor : a prosecutor appointed to prosecute particular cases that the regular prosecutor is unable or unqualified to prosecute or for other reasons does not prosecute see also independent counsel ...
Sanction
Sanction, 1. official approval or authorisation 2. A penalty or coercive measure that results from failure to comply with law, rule or order, Black's Law Dictionary, 7th Edn., p. 1341.Sanction, for prosecution is a weapon to ensure dis-couragement of frivolous and vexatious prosecu-tion and is a safeguard for the innocent but not a shield for the guilty. The order of sanction ex facie discloses that the sanctioning authority had considered the evidence and other material placed before it, Mansuklal v. State of Gujarat, (1997) 7 SCC 622: (1977) SCC (Cri) 1120.Sanction, is purely an executive function and not judicial function of the government and as sanction need not be based on legal evidence, State of Assam v. Niranjan Ghosh, (1995) 1 Gau LR 427.Sanction, not only means prior approval, generally it also means ratification, Senior Food Inspector, Ananthapur v. Ravuru Subbiah, (1992) Cr LJ 2289.Sanction, or prior approval of an authority, is made a condition precedent to prosecute in r...
non prosequitur
non prosequitur [Late Latin, he or she does not prosecute] : a judgment entered against a plaintiff for failure to appear to prosecute a suit compare nolle prosequi ...
Vexatious indictments
Vexatious indictments. In order to prevent these, it was provided, by the (English) Vexatious Indictments Act, 1859 (22 & 23 Vict. c. 17) (repealed), as amended by the (English) Criminal Law Amendment Act, 1867 (30 & 31 Vict. c. 35, ss. 1, 2 (repealed), that no bill of indictment for perjury, conspiracy, indecent assault or certain other misdemeanours therein named, should be presented to a grand jury, unless the prosecutor had been bound over by recognizance to prosecute, or unless the person accused had been committed to or detained in custody, or unless the indictment should be preferred with the written consent of the Attorney-General. The (English) Administration of Justice (Miscellaneous Provisions) Act, 1933 (which abolished Grand Juries and amended the law as to presentment of indictments), repealed the whole of the Vexatious Indictments Act, 1859, and s. 1 of the Criminal Law Amendment Act, 1867, but not so as to affect any enactment restricting the right to prosecute in parti...
Implead
To institute and prosecute a suit against in court to sue or prosecute at law hence to accuse to impeach...
Preferred
Preferred, 'preferred' is a word of dual import; its semantics depend on the scheme and the context; its import must help, not hamper, the object of the enactment even if liberty win language may be necessary. Black's Law Dictionary gives the following meaning: PREFER: To bring before; to prosecute; to try to proceed with. Thus, preferring an indictment signifies prosecuting or trying an indictment. To give advantage, priority, or privilege; to select for first payment, as to prefer one creditor over others. Thus it may mean 'prosecute' or effectively pursue a proceeding or merely institute it. Purposefully interpreted, pre-ferring an appeal mean more than formally filing it but effectively pursuing it, Commissioner of Income Tax v. B.N. Bhattacharjee, AIR 1979 SC 1725 (1734): (1979) 4 SCC 121: (1979) 3 SCR 1133.Preferred, is a word of dual import; its semantics depend upon the scheme and the content; its import must help, not hamper, the object of the enactment even if liberty with la...
Recognisance
Recognisance, an acknowledgement of a debt owing to the Crown, with a condition to be void if the recognizor shall do some particular act, as if he, or the party for whom he is surety, shall appear at the assizes to prosecute a person, or to come up for judgment when called upon, or shall prosecute an appeal, or shall be of good behaviour, commonly called 'binding over.' As to the power of justices of their own initiative to bind over a person, though no formal charge has been made against him, see R. v. Wilkins, (1907) 2 KB 380. See also R. v. Sandbach, Ex p. Williams, (1935) 2 KB 192, and Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 31,sub-s. 3, as amended by Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38), s. 1; and as to the mode of entering into recognizance, see Criminal Justice Administration Act, 1914, s. 24; see also ss. 19-23. For forms of recognizance, see the schedule to the Summary Jurisdiction rules, 1886; also rules 112-115 of the Crown Offic...
Sue
Sue, mean 'to sue' signify not only 'to prosecute' but also 'to defend' or 'to do something' which the law requires for the better prosecution or defence of the cause, Haroodhone v. Usha Charan, 1955 Cal 292.Sue, to prosecute by law, to claim a civil right by means of legal procedure.To institute a lawsuit against another party, Black's Law Dictionary, 7th Edn., p. 1446.The word 'sue' in s. 176 of the Government of India Act, 1935 meant the enforcement of a claim or a civil right by means of legal proceedings and was wide enough to include an application for a writ of certiorari, Province of Bombay v. Kusaldas S. Advani, AIR 1950 SC 222: (1950) SCR 621....
Public prosecutor
Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...
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