Taking Cognizable - Law Dictionary Search Results
Home Dictionary Name: taking cognizableTaking cognizable
Taking cognizable, the expression 'taking cogniz-able' means the Magistrate take cognizance of an offence and not the offenders, Raghubans Dubey v. State of Bihar, (1967) 2 SCR 423: AIR 1967 SC 1167 (1169). [Cri PC, 1898, s. 190(1)(b)]The expression 'taking cognizance' in s. 190 of the Code of Criminal Procedure, 1973 which merely means judicial application of the mind of the Magistrate to the facts mentioned in the complaint with a view to taking further action, Tula Ram v. Kishore Singh, AIR 1977 SC 2401 (2403): (1977) 4 SCC 459: (1978) 1 SCR 615 [Criminal Procedure Code, 1973 s. 190 (1) (a)]When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e.g., ordering investigation under s. 156(3), or issuing a search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of the offence, Gopal Das Sindhi v. State of Assam, AIR 1961 SC 986 (989): (1961) 2 ...
Taking cognizance of an offence
Taking cognizance of an offence, when on receiving a complaint, the Magistrate applies his mind for the purposes of proceeding under s. 200 and the succeeding sections in Chapter XV of the Code of 1973, he is said to have taken cognizance of the offence within the meaning of s. 190(1)(a), Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy, AIR 1976 SC 1672: (1976) 3 SCC 252. [Criminal PC (2 of 1974), s. 190]...
Cognizance
Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.Means exercising jurisdiction if it is in respec...
Institution of a case
Institution of a case, A case can be said to be instituted in a court only when the court takes cognizance of the offence alleged therein. When a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitutes such offence a case is instituted in the Magistrates's court and such a case is one instituted on a com-plaint. Again, when a Magistrate takes cognizance of any offence upon a report in writing of such facts made by any police officer it is when a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitute such offence a case is instituted in the Magistrates's Court and such a case is one instituted on a complaint, Jamuna Singh v. Bhadai Shah, AIR 1964 SC 1541 (1543): (1964) 5 SCR 37. [Criminal Procedure Code, 1898, ss. 417(3), 200, 202, 156(3) and 173]...
Recognition
Recognition, an acknowledgement.Signifies an admission or an acknowledgement of something existing before. To recognise is to take cognizance of a fact. It implies an overt act on the part of the person taking such cognizance. 'Recognition' is, an acknowledgement by the government of the title of a grantee expressly or by some unequivocal act on its part. Acquiescence in the context of certain surrounding circumstances may amount to recognition, but it must be such as to lead to that inevitable conclusion. Mere inaction de hors such compelling circumstances cannot amount to recognition within the meaning of the section, T.V.V. Narasimhamam v. State of Orissa, AIR 1963 SC 1227 (1232). [Madras Estates Land Act (1 of 1908) s. 3(2)(d)]Confirmation that an act done by another person was authorised, Black's Law Dictionary, 7th Edn., p. 1277....
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
cognizable
cognizable 1 : capable of being known ;specif : capable of being recognized as a group because of a common characteristic (as race or gender) NOTE: Systematic exclusion of members of a cognizable group from a jury violates the Sixth Amendment to the Constitution, which requires that jurors be selected from jury pools that represent a fair cross section of the community. 2 : capable of being judicially heard and determined [a claim] ...
Crown office
The criminal branch of the Court of Kings or Queens Bench commonly called the crown side of the court which takes cognizance of all criminal cases...
Earl marshal
An officer of state in England who marshals and orders all great ceremonials takes cognizance of matters relating to honor arms and pedigree and directs the proclamation of peace and war The court of chivalry was formerly under his jurisdiction and he is still the head of the heralds office or college of arms...
Feel
To perceive by the touch to take cognizance of by means of the nerves of sensation distributed all over the body especially by those of the skin to have sensation excited by contact of a thing with the body or limbs...
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