Recorder - Law Dictionary Search Results
Home Dictionary Name: recorder Page: 2Failing of record
Failing of record, when an action is brought against a person who alleges in his plea matters of record in bar of the action, and avers to prove it by the record; but the plaintiff saith nul tiel record, viz., denies there is any such record; upon which the defendant has a day given him by the Court to bring it in; if he fail to do it, then he is said to fail of his own record, and the plaintiff is entitled to sign judgment, Termes de la Ley....
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...
Record, Trial by
Record, Trial by. If a record be asserted on one side to exist, and the opposite party deny its existence, thus, 'that there is no such record remaining in Court as alleged,' and issue be joined thereon, this is an issue of nul tiel record; and the Court awards a trial by inspection of the record. Upon this, the party affirming its existence is bound to produce it in Court on a given day; failing to do so, judgment is given for his adversary. The trial by record is the only legitimate mode of trying such issue, Steph. Plead.; 2 Chit. Arch.Prac....
public record
public record : a record required by law to be made and kept: a : a record made by a public officer or a government agency in the course of the performance of a duty b : a record filed in a public office NOTE: Public records are subject to inspection, examination, and copying by any member of the public. ...
Records
Records, creating agency includes--(i) in relation to the State Government, any Department of Mantralaya or office of the State Government;(ii) in relation to the local authority or any statutory body or corporation wholly or substantially controlled or financed by the State Government or Commission or any committee constituted by the State Government, the office of the said local authority, statutory body, corporation, commission or committee. [Maharashtra Public Records Act, 2005, s. 2(h)]Records, include the records maintained in the form of books or stored in a computer or such other form as may be prescribed. [Prevention of Money-Laundering Act, 2002 (15 of 2003), s. 2(1) (w)]...
Nul tiel record, issue of
Nul tiel record, issue of, a traverse that there is no such record. This was the proper form of issue whenever a question arose as to what had judicially taken place in a superior Court of record; for the law presumes that, if it took place, there will remain a record of the proceeding, 3 B. & C. 449....
Recording
Keeping a record or a register as a recording secretary applied to numerous instruments with an automatic appliance which makes a record of their action as a recording gauge or telegraph...
Land Record Officer
Land Record Officer, means the District Land Records Officer or Additional District Land Records Officer or Assistant Land Record Officer appointed under this Act. [Rajasthan Land Revenue Act, 2003, s. 3(b)]...
Materials on record
Materials on record, the expression 'materials on record' occurring in the Proviso, cannot be confined only to the materials which were available at the domestic enquiry. On the other hand, the 'materials on record' in the Proviso must be held to refer to materials on record before the Tribunal. They take in (1) the evidence taken by the management at the enquiry and the proceedings of the enquiry, or (2) the above evidence and in addition, any further evidence led before the Tribunal, or (3) evidence placed before the Tribunal for the first time in support of the action taken by an employer as well as the evidence adduced by the workmen contra, Workmen v. Firestone Tyre & Rubber Co. Ltd., AIR 1973 SC 1227 (1243): (1973) 1 SCC 813. [Industrial Disputes Act, 1947, s. 11A Proviso]...
Monstrans de faits ou records
Monstrans de faits ou records (showing of deeds or records).Upon an action brought upon an obligation, after the plaintiff had declared he ought to have shown his obligation, and so also of records. Monstrans de faits differed from oyer de faits in that he who leaded the deed or record, or declared upon it, ought to have shown it, and the defendant might demand oyer of the same....
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