Category: Statutory definitions

Summary courts-martial

Section 120 of the Army Act, 1950 provides as follows: “120. Powers of summary courts-martial. (1) Subject to the provisions of sub- section (2), a summary court-martial may try any offence punishable […]

Pleader

2(q)”pleader”, when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practice in such Court, and […]

Victim

2(wa)”victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes […]

Summons-case

2(w)”summons-case” means a case relating to an offence, and not being a warrant-case; The Code of Criminal Procedure 1973 Trial of Summons-Cases by Magistrates

Offence

2(n)”offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section […]

Non-cognizable offence

2[l] “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant; The Code of Criminal Procedure 1973

Local jurisdiction

2(j) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this […]

Investigation

s 2h”investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a […]

Complaint

s. 2[d] “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has […]

Cognizable offence

cognizable offence  means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the […]

Bailable offence

“bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” […]

Acquiring easement

Who may acquire easements. An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by any […]

Easements of necessity

(a)if an easement in other immovable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such […]

Customary easement

Customary easement – An easement may be acquired in virtue of a local custom. Such easements are called customary easements. Illustrations (a)By the custom of a certain village every cultivator of village land […]

Increase of easement 

The dominant owner cannot, by merely altering or adding to the dominant heritage, substantially increase an easement. Where an easement has been granted or bequeathed so that its extent shall be proportionate […]