LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SHEKHAR MISHRA (public servant)     21 September 2008

What is functus Officio?

Dear   members,

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



 9 Replies

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

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.)     21 September 2008

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)     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

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

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query