Public Servant - Law Dictionary Search Results
Home Dictionary Name: public servant Page: 2In the service of that government
In the service of that government, the expression 'in the service of that government' in s. 2 of the Public Servants Inquiries Act, 1859 is the equiva-lent of 'employed under that government' in the context where it occurs, R.P. Kapur v. S. Pratap Singh Kairon, AIR 1964 SC 295: (1964) 4 SCR 224. (Public Servants Enquiries Act, 1859, s. 2)...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
In the pay of
In the pay of, in Shorter Oxford English Dictionary the expression 'in the pay of' is defined thus: To give money, etc., in return for something or in discharge of an obligation. Of a thing or action. To yield an adequate return. To give money or other equivalent value for. Similarly 'Payer' is defined thus: One who pays a sum of money. In Webster's Third New International Dictionary the expression 'in the pay of' is indicated to mean: Compensate, remunerate, satisfy, reimburse, indemnify, recompense, repay, M. Karunanidhi v. Union of India, AIR 1979 SC 898 (912): (1979) 3 SCC 431: (1979) 3 SCR 254.The phrase 'in the pay of' in clause Twelfth (a) does not inhere a master-servant or command-obedience relationship between the Government as the payer and the public servant as the payee and may comprehend a situation that the person may be in the pay of the government without being in the employment of the government or without there being a master-servant relationship, R.S. Nayak v. A.R. ...
Salary
Salary, a recompense or consideration generally periodically made to a person for his service in another person's business; also wages, stipend, or annual allowance. See RECEIPT.An agreed compensation for services esp. pro-fessional or some professional services usu. paid at regular intervals on yearly basis, as distinguished from an hourly basis, Black's Law Dictionary, 7th Edn., p. 1337.The ancients derive the word from sal, salt (Plin. H.N. xxxi. 42)--the most necessary thing to support human life being thus mentioned as a representative of all others.The word 'salary' as used in clause (h) of s. 60 is meant to be confined to the emoluments of labourers and domestic servants. It makes a distinction between salary and the wages of labourers and domestic servants, Raghunandan Sahai v. Jaigobind Sahay, AIR 1942 Pat 194.The word 'salary' as used in proviso (1) to s. 60, Civil Procedure Code must be construed as meaning the total monthly emoluments to which a public servant is entitled, ...
Voter on election duty
Voter on election duty, means any Presiding Officer, polling officer, any other public servant or any polling agent who is a voter and is, by reason of his being on election duty, unable to vote at the polling station where he is entitled to vote. [West Bengal Panchayat Elections Act, 2003, s. 2(27)]...
Subordinate
Subordinate, by the use of the word 'subordinate' without any qualifying words, the legislature has expressed its legislative intention of making punishable such subordinates also who have no connection with the function with which the business or transaction is concerned, R.G. Jacob v. Republic of India, AIR 1963 SC 550 (553): (1963) 3 SCR 800. (Indian Penal Code, 1860, s. 165)1. Placed in or belonging to a lower rank, class or position. 2. Subject to another's authority or control, Black's Law Dictionary, 7th Edn., p. 1439.Subordinate, is not a term of art and in its dictionary meaning, it connotes several ideas including holding of secondary or subservient position, Toesh Kumar v. State of Bihar, 1985 BLJR 19.Means a court can be said to be subordinate to another court only if the latter court has appellate or revisional jurisdiction or power of Superinten-dence given to it by some statutory provision over the former court, Bishambar Nath v. Achal Singh, AIR 1932 All 651: 1932 All L...
Special reason
Special reason, means yet another consequence would be that if any public servant succeeds in protracting the criminal proceedings to the stage of superannuation he can also claim the benefit of special reasons, if the High Court's reasoning is to be accepted. We find the High Court's approach not only erroneous but pernicious, and therefore, impermissible in law. Such a ground cannot by any stretch of imagination be treated as 'special reason', Jagjeevan Prasad v. State of Madhya Pradesh, (2000) 8 SCC 22: 2000 SCC (Cri) 1450....
Private security
Private security, means security provided by a person, other than a public servant, to protect or guard any person or property or both and includes provision or armoured car service. [Private Security Agencies (Regulation) Act, 2005 (29 of 2005), s. 2(f)]...
Our Government
Our Government, the expression 'Our Govern-ment' means the Maharaja's Government, in other words, the Government of the State of Travancore. After the integration of the two States of Travancore and Cochin and the formation of the United State of Travancore-Cochin the expression 'Our Government' has to be construed according to the new set-up of government and when the Council of Ministers had come into being, it is obvious that the expression 'Our Government' as adapted to fit in with the new Constitution means 'The Council of Ministers', P. Joseph John v. State of Travancore-Cochin, (1955) 1 SCR 1011: AIR 1955 SC 160 (165). [Travancore Public Servants (Inquiries) Act (11 of 1122 ME), s. 1.]...
Obtaining or attempting to obtain
Obtaining or attempting to obtain, the words 'obtaining' or 'attempting to obtain' can certainly include threat, K.P. Sinha v. Aftabuddin, AIR 1955 Pat 453 (456). (Indian Penal Code, s. 161)The word 'obtains' does not eliminate the idea of acceptance of what is given or offered to be given, though it connotes also an element of effort on the part of the receiver. One may accept money that is offered, or solicit payment of a bribe, or extort the bribe by threat or coercion; in each case, he obtains a pecuniary advantage by abusing his position as a public servant. The word 'obtains' is used in ss. 161 and 165 of the Penal Code, Ram Krishan v. State of Delhi, AIR 1956 SC 476 (478): (1956) SCR 182. [Prevention of Corruption Act, 1947, s. 5(1)(d)]...
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