Record Courts Of - Law Dictionary Search Results
Record, Courts of
Record, Courts of, those whose judicial acts and proceedings are enrolled on parchment, for a perpetual memorial and testimony; which rolls are called the Records of the Court, and are of such high and supereminent authority that their truth is not to be called in question. Courts of Record are of two classes-Superior and Inferior. Superior Courts of Record include the House of Lords, the Judicial Committee, the Court of Appeal, the High Court and a few others. The Mayor's Court of London, the County Courts, Coroner's Courts, and others are Inferior Courts of Record, of which the County Courts are the most important. Every superior Court of record has authority to fine and imprison for contempt of its authority; an inferior court of record can only commit for contempts committed in open court, in facie curi'. See Co. Litt. 117 b, 260 a; Odgers on the Common Law; Odgers on Libel....
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
court of record
court of record :a court whose acts and proceedings are kept on permanent record ...
Dismissed
Dismissed, denotes both termination of service for misconduct by way of punishment and also termination of service simpliciter, Workers Employed in Hirakud Dam v. State of Orissa, (1971) 1 SCC 583: AIR 1971 SC 2242: (1971) 3 SCR 646.Power to dismiss an appeal in limine is a power which must be exercised sparingly and with great circumspection. One would think a conviction for murder and a sentence of imprisonment for life were serious enough matters for the High Court to warrant 'admission' of the appeal and fair and independent consideration of the evidence by the High Court. Summary rejection of the appeal with the laconic expression 'dismissed' seems to be a drastic step in such cases. To so reject an appeal is to practically deny the right of appeal. One cannot also overemphasise the importance of the High Court making a speaking order when dismissing a criminal appeal in limine. 'The requirement of recording reasons for summary dismissal, however concise, serves to ensure proper f...
High Court
High Court, means any court which is deemed for the purposes of this Constitution to be a High Court for any State and includes--(a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and(b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Con-stitution. [Constitution of India, Article 366(14)]The High Court in s. 10F of the Companies Act means the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate as indicated by s. 2(11) read with s. 10(1) (a) of the Act, Strideuell Leathers (P) Ltd. v. Bhankepur Simbhaoli Beverages Ltd., AIR 1994 SC 158 (165): (1994) 1 SCC 34. (Companies Act, 1956, s. 10F)Every High Court shall be a Court of record meaning thereby all the original record of the Court will be preserved by the said Court and it shall have all the powers of such a supe...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Hundred Court
Hundred Court, a larger Court-baron, being held for all the inhabitants of a particular hundred instead of a manor. The free suitors were here also the judges, and the steward the registrar, as in the case of court-baron. It was not a Court of record; it resembled a court-baron in all points except that in point of territory it was of a greater jurisdiction. It was denominated h'reda in the in the Gothic constitution. Causes were removed by the same writ as from a Court-baron, and its proceedings might be reviewed by writ of false judgment. The court is become obsolete, but the County Courts Act, 1888, s. 6, re-enacting s. 14 of the County Courts Act, 1846, still treated it as existing, by providing for the surrender of the right of hold it. The Salford Hundred Court of Record still exists under special statutory provision. See County Courts (Amendment) Act, 1934 (24 & 35 Geo. 5, c. 17), s. 34, which repealed s. 6 as obsolete....
Sentence of death, Recording of
Sentence of death, Recording of. See the disused but still unrepealed Judgment of Death Act, 1823 (4 Geo. 4, c. 48), 'to enable Courts to abstain from pronouncing sentence of death in certain capital felonies,' and enter judgment on the record instead--which had the effect of a reprieve.The (English) Children Act, 1933, s. 53(1), provides as follows:-Sentence of death shall not be pronounced on or recorded against a person under the age of eighteen, but in lieu thereof the Court shall sentence him to be detained during His Majesty's pleasure, and, if so sentenced, he shall, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and under such conditions as the Secretary of State may direct....
Master of the Rolls
Master of the Rolls [magister rotulorum, Lat.], originally the chief of a body of officers called the Masters in Chancery, of whom there were eleven others, including the Accountant-General. The Master of the Rolls subsequently became a judge of the Court of Chancery, who ranked next to the Lord Chancellor, and had the keeping of the rolls and grants which passed the Great Seal, and the records of the Chancery. All orders and decrees by him made, except such as by the course of the Court, were appropriated to the Great Seal alone, were deemed to be valid, subject, nevertheless, to be discharged or altered by the Lord Chancellor, and were not enrolled till they were signed by the Lord Chancellor, 3 Geo. 2, c. 30.This judge, by the (English) Jud. Act, 1881, s. 2 [see now Jud. (English) Act, 1925, s. 6 (2)], now sits in the (English) Court of Appeal only. Before that Act he was the second judge of the Chancery Division of the High Court of Justice [Jud. Act, 1873, s. 31 (1)], and also an ...
Mistake apparent on the record
Mistake apparent on the record, A 'mistake apparent on the record' must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions. A decision on a debatable point of law is not a mistake apparent from the record. The power of the officers mentioned in s. 154 of the Income-tax Act, 1961 to correct 'any mistake apparent from the record' is undoubtedly not more than of the High Court to entertain a writ petition on the basis of an 'error apparent on the face of the record', T.S. Balram, Income Tax Officer v. M/s. Volkart Brothers, AIR 1971 SC 2204 (2206): (1971) 2 SCC 526: (1972) 1 SCR 30. (Income-tax Act, 1961, s. 154)(ii) For finding out whether there is a mistake apparent on the record, the authority has to look to the amended law and not to the law that was in force at the time the original order was made, Commercial Tax Officer v. Shri Venkateswara Oil Mills, AIR 1973 SC 13...
- << Prev.
- Next >>