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Discussion > Criminal Law > Procedure > What is functus Officio?   Unanswered Threads Post New Topic

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There are 9 Replies to this message


SHEKHAR MISHRA


public servant
[ Scorecard : 1628]
Posted On 21 September 2008 at 05:45 Report Abuse

Dear   members,

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



Online certification courses IP, IT and Investment Law


N.K.Assumi


Advocate
[ Scorecard : 22172]
Posted On 21 September 2008 at 08:18 Report Abuse

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'.



Vikas Kr. Sinha


Labour Lawyer, Ranchi, Jharkhand
[ Scorecard : 213]
Posted On 21 September 2008 at 12:00 Report Abuse

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.


Shree.


Advocate.
[ Scorecard : 5312]
Posted On 21 September 2008 at 18:40 Report Abuse

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



Murali Krishna


Govt..Employee
[ Scorecard : 2581]
Posted On 21 September 2008 at 20:01 Report Abuse

 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


 



V.Raghavan


Advocate, Madras High Court
[ Scorecard : 556]
Posted On 22 September 2008 at 20:32 Report Abuse

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



prof s c pratihar


medical practitioner &legal studies
[ Scorecard : 1680]
Posted On 22 September 2008 at 23:41 Report Abuse

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



ramachary64@gmail.com


Practicing lawyer in High court judicate at Hyderabad, Telangana State mobile no:9989324294
[ Scorecard : 9591]
Posted On 23 September 2008 at 10:20 Report Abuse

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.



MRKGANDHI


Advocate
[ Scorecard : 45]
Posted On 27 April 2010 at 05:24 Report Abuse

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.



Pankaj agarwal


owner
[ Scorecard : 22]
Posted On 22 May 2013 at 22:12 Report Abuse

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




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