Legal heir

sheristadar – nazareth section – Court administration (SHORT NOTES)

Sheristadar:- This word is derived from Persian word ‘Sarishta-dar‘. Sheristdar is a chief officer in Indian Court system. He is enstrusted with the work of receving and checking of Court pleas. He is an admnistrative Officer of the Court by supervising all the activities of the Court officer and that he also supervises the record keeping. A sheristadar in Principal District and Sessions Court, is responsible for judicial admnistration of the entire district and he works under the control of Principal District Judge of the District Judge. Sheristadar also scrutinizes all the Registers pertaining to the Central Copyist Establishmnt, Civil Appeals, Civil Miscellaneous Appeals, Originals suits etc. The present the staff members in respect of judicial district can be understood as – Chef Admnistative Officer, Sheristadar, Bench Clerk- (Gr.-1), Record Keeper/Copy Superintendent, Bench Clerk (Gr.II), Stenographer Grade -I, Bench Clerk – Gr-II, Head Clerk, Senior Assitant/ Stenographer- Gr.II and III, Junior Assistants, Typist, Examiner, Readers, Senior Bailiff, Junior Bailiff, Record Clerk, Process Server/Officer Sub-ordinate (attender)/ and Masalchi etc.

Bailiff:-

S. 33 (UK)  of County Courts Act, 1888 :— A keeper or protector, an officer who puts in force an arresting process or who is employed to distrain for rent, for which employment the certificate of a county court judge is required under the Law of Distress Amendment Act, 1888. Bailiffs to execute county court processes are appointed under S. 33 of the County Court Act, 1888, to assist one or more ‘high bailiffs’ for each court. Also, land-steward. There are several kinds of bailiffs, whose offices and employments greatly differ from one another, yet they agree in that the keeping or protection of something belong to them all. 

Process – Meaning

‘Process’ means a set of inter-related or interacting, according to Section 2(29), Bureau of Indian Standards Act, 2016 . It is largely taken for all the proceedings in any action or prosecution, real or personal, civil or criminal, from the beginning to the end.

Process and manufacture:-  — According to Oxford Dictionary one of the meanings of the word “process” is “a continuous and regular action or succession of actions taking place or carried on in a definite manner and leading to the accomplishment of some result”. “Manufacture” is a transformation of an article, which is commercially different from the one, which is converted. The essence of manufacture is the change of one object to another for the purpose of making it marketable. The essential point thus is that in manufacture something is brought into existence, which is different from that, which originally existed in the sense that the thing produced is by [See Empire Industries Ltd. v. Union of India(1985) 3 SCC 314 : 1985 SCC (Tax) 416]. Orient Paper & Industries Ltd. v. State of M.P.(2006) 12 SCC 468.

Batta :-

Generally , ‘Batta’ menas discount. In revenue matters, the amount added to or deducted from, any judgment according to the currency in which it is paid as compared with a fixed standard coin. It is an extra payment over and above pay. Though that extra payment may be a common feature it does not form part of, but is outside and over and above, the pay, Punchiri Boat Service Ltd. v. State of Travancore-Cochin, AIR 1955 TC 97, Para 3.

Summons

A call of authority, admonition to appear in court, a citation.  A “summons” is a process issued by a court calling upon a person to appear before a Magistrate. It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response to violation of law. A person who is summoned is legally bound to appear before the court on the given date and time, Bhushan Kumar v. State (NCT of Delhi)(2012) 5 SCC 424. See also, as to issue and service of summons. Order V of Code of Civil Procedure, 1908.

Notice:-

The term “notice” originated from the Latin word “notifia” which means “a being known” or a knowing and is wide enough in the legal circle to include a plaint filed in a suit, CST v. Subhash & Co.(2003) 3 SCC 454. The making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. The word “notice” denotes merely an intimation to the party concerned of a particular fact. Notice may take several forms. It must be sufficient in writing and must intimate quite clearly that the award has been made and signed. A written notice clearly intimating the parties concerned that the award has been made and signed certainly starts limitation, Parasramka Commercial Co. v. Union of India(1969) 2 SCC 694.

Constructive Notice :— May be subdivided into: (a) where there exists actual notice of matter, to which equity has added constructive notice of facts, which an inquiry after such matter would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of escaping notice. 

Warrant:-

 A precept under hand and seal to some officer to arrest an offender, to be dealt with according to due course of law; also, a writ conferring some right or authority, a citation or summons. [Whart.] 2. Warrant is a right without obligation to buy, CIT v. Infosys Technologies Ltd.(2008) 2 SCC 272.

Attachment :-

 A process from a Court of Record, awarded by the judges at their discretion on a bare suggestion or on their own knowledge, against a person guilty of a contempt, who is punishable in a summary manner. Contempts may be thus classed: (1) Disobedience to the King’s writs; (2) Contempt in the face of a Court; (3) Contemptuous words or writings concerning a Court; (4) Refusing to comply with the rules and awards of a Court; (5) Abuse of the process of a Court; and (6) Forgery of writs or any other deceit tending to impose on a Court, S. 33.  The word “attachment” would only mean “taking into the custody of the law the person or property of one already before the court or of one whom it is sought to bring before it”. It is used for two purposes: (i) to compel the appearance of a defendant; and (ii) to seize and hold his property for the payment of the debt. It may also mean prohibition of transfer, conversion, disposition or movement of property by an order issued by the court, Kerala State Financial Enterprises Ltd. v. Official Liquidator(2006) 10 SCC 709.

Attachment Order — An order of attachment is passed for achieving a limited purpose. It is subject to further orders as also the provisions of other statute, Kerala State Financial Enterprises Ltd. v. Official Liquidator(2006) 10 SCC 709.

Miscellaneous

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