What is functus Officio?

public servant

Dear   members,

I   want    to    know   what   is   functus    officio  in   criminal   law?

 
Reply   
 
Advocate

In short, documents are examined and imponded under  section 33 of the Indian Stamp act 1899 for determination of the proper stamp.After determination of the duty  the Collector become  Functus Officio "having no power'.

 
Reply   
 


Labour Lawyer Ranchi Jharkhand

Functus Officio means Having discharged his duty. The Judge or magistrate who passed his order bacomes Functus Officio. Meaning thereby once the order is passed it cannot be retried or reheard by the same judge or magistrate on the same matter.
 
Reply   
 
Advocate.

Dear Shekhar kumar,


Functus Officio


Latin: an officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created.



"The expression functus officio means having discharged a duty.


"When used in relation to a court, it may also mean  whose duty or authority has come to an end.


"Once a court has passed a valid sentence after a lawful hearing, it is functus officio and cannot repoen the case."



Many losing litigants misunderstand the finality of a judicial decision and hope to re-engage the court by suggesting a missed point or new evidence. To promote finality of judicial decisions which would otherwise be subject to applications to reopen the case by all disappointed litigants, once a decision is issued, the judge loses his/her authority to further rule on it. He/she is without authority; no longer seized of the litigation; functus officio. This leaves the litigant with the sole recourse of an appeal

 
Reply   
 
Govt..Employee

 Dear Sekhar Kumar, Shree has rightly given you what is meant by 'functus officio'. 


Any authority once exercised his function, does not have the authority to reopen it. This authority normally applies to quasi judicial and judicial authorities.


Reopen of the issue can be only by way of a review, clerical mistakes, and in case of obtaining of the order by fraud


 

 
Reply   
 
Advocate Madras High Court

Infact i am proud about our club that everybody has rightly pointed out the exact meaning of the word 'functus officio'. Hats off

 
Reply   
 
medical practitioner &legal studies

functus officio-as soon as the registering officer registers a document presented to himfor registration ,the function,in the performance of which the document was producedbefore him is over ,and, thereafter becomes functus officio,having no power ,under s.33 to impound the instrument

 
Reply   
 
Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

Functus officio means once a magistrate has convicted a person charged with an offence before him, he is functus officio, and cannot resciend the sentence and re-try the case.

 
Reply   
 
Advocate

In may view when it comes to notice of court that the matter on hand is beyond its jurisdiction, the court becomes functus officio and should not proceed with the matter any further.

 
Reply   
 

Hi all Can anyone provide me with the rulings in support of functus officio. I will be very thankful for your support. With regards, Pankaj Agarwal
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

Search Forum:








web analytics