I want to know what is functus officio in criminal law?
N.K.Assumi (Advocate) 21 September 2008
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) 21 September 2008
Shree. ( Advocate.) 21 September 2008
Dear Shekhar kumar,
"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) 21 September 2008
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) 22 September 2008
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) 22 September 2008
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
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 23 September 2008
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) 27 April 2010
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) 22 May 2013