“Judge”
AI Assist
Summary
A person is a 'Judge' if law empowers them to give a definitive judgment in any civil or criminal proceeding. That covers officials whose orders become final if not appealed, decisions that need confirmation to become final, and members of bodies (like a panchayat) empowered to decide disputes. Someone who only commits a case to another court is not a Judge.
Example
Priya is a member of a village panchayat that has statutory power to try and decide a local property dispute. When the panchayat gives a final decision, Priya is treated as a 'Judge' because she was part of a body empowered to give a definitive judgment.
Bare Act
Enacted textThe word “Judge” denotes not only every person who is officially designated as a Judge, but also every person -
who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.
Illustrations
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(a) A collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.
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(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment with or without appeal, is a Judge.
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(c) A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suit, is a Judge.
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(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.
Previous year papers
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