Section 145 Of The Code - Law Dictionary Search Results

Home Dictionary Name: section 145 of the code

Derogation

Derogation, the act of weakening or retraining a former law or contract. It is an established rule that a man may not derogate from his own grant. See Wheeldon v. Burrows, (1879) 12 CD 31, and Pearce v. Maryon-Wilson, (1935) 1 Ch 188 (Building Scheme), and EASEMENTS.Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under s. 107. [Criminal Procedure Code, 1973, s. 145(10)]'Derogation' means, taking away, lessening or impairing the authority, position or dignity, and the context in which sub-s. (13) occurs clearly shows that the provisions of, s. 198B do not impair the remedy provided by s. 198, P.C. Joshi v. State of Uttar Pradesh, AIR 1961 SC 387 (390): (1961) 2 SCR 63. [Criminal Procedure Code 1898, s. 198B(13)]...

Judgment

Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...

Public servant

Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...

order

order 1 : a state of peace, freedom from unruly behavior, and respect for law and proper authority [maintain law and ] 2 : an established mode or state of procedure [a call to ] 3 a : a mandate from a superior authority see also executive order b : a ruling or command made by a competent administrative authority ;specif : one resulting from administrative adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court and was jailed for contempt] cease-and-de·sist order [sēs-ənd-di-zist-, -sist-] : an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction, mandamus, stay consent order : an agreement of litigating parties that by consent takes the form of a court order final order : an order of a court...

Statement

Statement, means statement of facts and not the statement of law, Madan Sah v. Laleshwar Choubey, AIR 1994 Pat 149. [See Bihar Buildings (Lease, Rent and Eviction) Control Act (3 of 1947), s. 14(4)]Statement, the primary meaning of the word 'statement' to be found in Shorter Oxford English Dictionary and Webster's New World Dictionary is 'something that is stated'. Another meaning that is given in the Shorter Oxford English Dictionary is 'written or oral communication'. The word 'statement' has been used in number of ss. so the Act in its primary meaning of 'something is stated' and that meaning should be given to it under s. 157 also unless there is something that cuts down that meaning for the purpose of that section, Bhogilal Chunilal Pandya v. State of Bombay, AIR 1959 SC 356 (359): 1959 Supp (1) SCR 310. (Evidence Act, 1872, s. 157)In its dictionary meaning is the act of stating or reciting, 'Prima facie' a statement cannot take in an omission. A statement cannot include that whic...

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