158 Sentences With "cognizable" | Random Sentence Generator

This is a case that, honestly, virtually devoid of any cognizable defense.

But that would be a cognizable crime if a linkage was found.

Reeves held that Moore couldn't show a "cognizable legal injury" necessary to bring the case.

The absence of a cognizable crime has not stopped conspiracy theories based on key alleged collusion points.

The FISA investigation was based on loose claims of foreign influence and a little cognizable evidence of actual crimes.

His testimony was often short on details, and much of the information was already known or not cognizable crimes.

It is neither satisfying nor entertaining to consistently say that this is far short of any cognizable criminal case.

There is no crime in "colluding" with Russians without some cognizable criminal act or conspiracy to commit such an act.

The lack of such an opt-out provision deprived out-of-state class members of "a cognizable property interest," the court said.

"This claim is based on allegations of sexual orientation discrimination which is not legally cognizable under Title VII" they wrote in court papers.

Because I am not a criminal law expert, I do not know if (2) would or would not be a legally cognizable defense.

The $1 million penalty would also seem unconnected to any measure of reasonable or cognizable damages that a court would be willing to enforce.

The parties thus were no longer adverse to each other on any claims, and the Court of Appeals could not 'affect their rights' in any legally cognizable manner.

Campaign violations Cohen moved into cognizable criminal violations with new evidence to show the role of Trump the payment of money to his alleged mistresses, including past checks signed by Trump.

Pruitt's view that the indirect consequences of regulation are cognizable if they are negative but must be ignored if they are positive was logically untenable and inconsistent with universally accepted economic theory.

"Each regulation benefits society, mothers, and the medical profession in a myriad of ways while imposing no real (or legally cognizable) burden on abortion access," Leslie Rutledge, Arkansas' attorney general, argued in court papers.

"The dispute here entails no injury to Congress cognizable within the judicial power of the United States, and the Committee lacks the authority to sue on the House's behalf in any event," the memo stated.

He never presented a cognizable defense in Virginia and reportedly came within one juror of losing on every count, rather than just the eight convicted counts — and that was the easier of his two scheduled trials.

The FIR, prepared by police in India when they receive information on a cognizable offence said Singh, a member of BKI, has been living in Canada for 13 years, but visits his home village of Chak Kalan every year.

For those of us who opposed the appointment of a special counsel because of the lack of a cognizable crime in the collusion theories, those circumstances shifted the equation entirely and prompted many of us to call for the appointment.

The U.S. government and groups representing the energy and manufacturing industries had moved to dismiss the lawsuit on the grounds that plaintiffs - children ranging from 8 to 19 years old and the environmental group Earth Guardians - had failed to state cognizable claims.

" In his order staying the board's decision until he reviews it in full, Sessions has asked for briefs on "whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable 'particular social group' for purposes of the application of asylum.

But Judge Sweet's finding that the plaintiffs had a "cognizable claim" that their 14th Amendment rights had been violated, by an excessive use of force, means that their suit against the city and two members of the Police Department's Disorder Control Unit can proceed.

Beyond process-based cases, the attorney general has also directed referral in a case presenting a substantive issue of asylum law, "whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable 'particular social group' for purposes of an application for" relief.

Forbes saying, 'Look, there has been an act of the Legislature, and the act of the Legislature has given me a certain set of voters, and why don't I have a legally cognizable interest in relying on that legislative judgment when some court has taken it away?

The AG found that, in analyzing the particular social group at issue in A-R-C-G-, "married women in Guatemala who are unable to leave their relationship," the BIA had failed to correctly apply the standards for cognizable particular social group set forth in Matter of M-E-V-G, 26 I&N Dec.

The firing of the FBI director Before Trump fired FBI Director James ComeyJames Brien Comey3 real problems Republicans need to address to win in 2020 Barr predicts progressive prosecutors will lead to 'more crime, more victims' James Comey shows our criminal justice system works as intended MORE, some of us opposed the appointment of a special counsel absent a cognizable crime.

"The [Acts] empower the Central Government or a State Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted, any information generated, transmitted, received or stored in any computer resource in the interest of the sovereignty or integrity of India, security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence," Reddy said in a written response to the question.

The fact that the government or a judge might disapprove Apple's preference to safeguard data security and customer privacy over the stated needs of a law enforcement agency is of no moment: in the absence of any other legal constraint, that choice is Apple's to make, and I must take into account the fact that an order compelling Apple to abandon that choice would impose a cognizable burden on the corporation that is wholly distinct from any direct or indirect financial cost of compliance.

Cognizable offences are those offences for which a police officer may arrest without a court-mandated warrant in accordance with the first schedule of the code. For non-cognizable cases the police officer may arrest only after being duly authorized by a warrant. Non-cognizable offences are, generally, relatively less serious offences than cognizable ones. Cognizable offences reported under section 154 Cr.P.C while non-cognizable offences reported under section 155 Cr.P.C. For non-cognizable offences the Magistrate empowered to take cognizance under section 190 Cr.P.C. Under section 156(3) Cr.P.C the Magistrate is competent to direct the police to register the case, investigate the same and submit the challan/report for cancellation.

Cognizable cases are more serious than the non cognizable cases. Normally, serious offences are defined as cognisable and usually carry a sentence of 3 years or more.

The law places the burden of proof on the accused. The crime is treated as a cognizable offence.

Since ancient times, those capable of spiritual Enlightenment cognized hidden and hardly cognizable small and large steps of this Path.

The law places the burden of proof on the accused. The crime is treated as a cognizable and non-bailable offence.

It was a non-cognizable, non-bailable criminal offence, until the relevant law was overturned by the Supreme Court of India on 27 September 2018.

The Michigan Supreme Court held that Inkster had failed to demonstrate any legally cognizable harm and dismissed the lawsuit.Taylor v. Dearborn, 370 Mich. 47, 120 N.W.2d 737 (1963).

A community service register is a register maintained in every Indian police station for a non-cognizable offence. If the offence is a cognizable offence, then a first information report (FIR) is created and registered. A CSR is also called a daily diary report or diary report. After filing a police complaint, the CSR receipt is often used to claim insurance settlements and adds as a proof of filing a complaint in the police station.

2\. Whether, under this Court’s decision in Nelson, a challenge to a particular protocol the State plans to use during the execution process constitutes a cognizable claim under 42 U.S.C. § 1983.

Anyone violating the law can be punished with imprisonment up to 2 years or fine up to 1,000 or both. The crime is treated as a cognizable and non-bailable offence.

Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.

The government challenges Hill's reading of Nelson, contending that claims under 42 U.S.C. 1983 are only cognizable if a habeas challenge has been entertained. Accordingly, the government requests the Eleventh Circuit's ruling be affirmed.

Anyone violating the law can be punished with imprisonment up to a maximum of 2 years or fine up to 1,000 or both. The crime is treated as a cognizable and non-bailable offence.

Generally, cognisable offence means an offence in which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court. By contrast, in the case of a non-cognisable offence, a police officer does not have the authority to make an arrest without a warrant and an investigation cannot be initiated without a court order. The police can file a First Information Report (FIR) only for cognizable offences. In Cognizable cases police can make investigation without prior permission of Magistrate.

Polyantha roses are still popular and regarded as low-maintenance, disease-resistant, garden roses. The class of roses denominated "Multiflora Hybrids" are probably cognizable as polyanthas. Examples include Rosa 'Cécile Brünner', 'The Fairy', 'Pink Fairy', and 'Red Fairy'.

Anyone violating the law can be punished with rigorous imprisonment up to 10 years or fine up to 1,00,000 or both. The law places the burden of proof on the accused. The crime is treated as a cognizable and non-bailable offence.

Anyone violating the law can be punished with imprisonment up to a maximum of 2 years or fine up to 1,000 or both. The law places the burden of proof on the accused. The crime is treated as a cognizable and non-bailable offence.

Justice Murphy, joined by Rutledge, expressed agreement with these views, but thought that the statute should also be condemned as being the direct outgrowth of antagonism toward persons of Japanese ancestry and as having no relation whatever to any constitutionally cognizable interest of California.

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is an Act of the Parliament of India which controls advertising of drugs in India. It prohibits advertisements of drugs and remedies that claim to have magical properties, and makes doing so a cognizable offence.

To prevent females of getting away at the first approach, the male approaches the female during mating season very cautiously. He nods his head constantly to make its peaceful intentions cognizable. After mating it takes six months before two to five young are born.

For this reason, the slaughter of buffaloes, both male and female, is rampant in Andhra Pradesh. Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.

Sale, purchase or disposal of a cow or a calf, for slaughter, is not permitted. Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.

Cowell and Gough. p. 137 Extrication of soul to Raseśvaras was a cognizable act and therefore, for liberation it was necessary to maintain an imperishable bodily life. They used scriptural evidence from the Purusha Sukta and Puranas to support this point of view.Cowell and Gough, p. 141-142.

When any person apprehends that there is a move to get him arrested on false or trumped-up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has the right to move the court of Session or the High Court under section 438(1) of the code of Criminal Procedure for grant of bail in the event of his arrest for a cognizable or non-cognizable offence, and the court may if it thinks fit, direct that in the event of such arrest, he shall be released on bail. Anticipatory bail can be granted by [Sessions Court] and High Court.

Her thesis is that legally cognizable racial identities are sustained through constitutional or legislative act, and these nurture the "legal fiction" of African-American identity. Legal Fictions argues that the social imagination of race is expressly constituted in law and is expressively represented through the imaginative composition of literary fictions. As long as US law specifies a black body as "discrete and insular," it confers a cognizable legal status onto that body. US fictions use that legal identity to construct narratives — from neo-slave narratives to contemporary novels such as Walter Mosley's The Man in My Basement – that take constitutional fictions of race and their frames (contracts, property, and evidence) to compose the narratives that cohere the tradition.

177 The First Schedule to the Code, classifies the offences defined in the Indian Penal Code. Besides specifying whether an offence is Bailable or Non- Bailable it also specifies if it is Cognizable or Non-Cognizable, which Court has the jurisdiction to try the said offence, the minimum and maximum amount of punishment that can or shall be awarded for the said offence. The Supreme Court of India can and has from time to time made certain bailable offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain crimes in the society. The State Government has the power to make certain offences bailable or non-bailable in their respective States.

As champion of civil liberty, in Arnesh Kumar v. State of Bihar [(2014) 8 SCC 273], Prasad gave a landmark ruling and very strongly pointed out the blatant misuse of the Sec.498A of IPC in India. Prasad held that no arrest should be made only because the offence is non- bailable and cognizable.

The sale of beef obtained in contravention of the above provisions is prohibited. However, sale of beef imported from other states is legal. Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.

'" The government's lawyers also cited Valley Forge Christian Coll. v. Americans United for Separation of Church & State, Inc., saying "'Proper regard for the complex nature of our constitutional structure requires' that courts not 'hospitably accept for adjudication claims of constitutional violation by other branches of government where the claimant has not suffered cognizable injury.

Staff further finds that the bulk of the Applicants' > proffered benefits are inadequately supported by the data supplied, > achievable through means other than the elimination of a competitor, or > otherwise not cognizable under the Commission's public interest standard. > Staff therefore recommends that the Commission designate the proposed > transaction for hearing pursuant to § 309(e) of the Communications Act.

Anyone violating the law can be punished with imprisonment up to 5 years and fine up to 10,000, provided that minimum imprisonment should not be for less than 6 months and fine not less than 1,000. The law places the burden of proof on the accused. The crime is treated as a cognizable and non-bailable offence.

Causal force is what makes a dharma real and thus they are also called saṃskāras (conditioning forces). Because of this, all dharmas belong to some kind of causal category, and are said to have causal efficacy.Dhammajoti (2009) p. 146. Indeed, it is only through examining their causes that the intrinsic nature manifests in a cognizable way.

163 Neutral vessels could be subject to capture if they ran a blockade. The blockade had to be effective to be cognizable in a prize court, that is, not merely declared but actually enforced. Neutrals had to be warned of it. If so then any ships running the blockade of whatever flag were subject to capture and condemnation.

Kentucky, . The term "Batson challenge" is used to refer to the act of arguing for the invalidity of a trial on the basis that peremptory challenges during jury selection resulted in the exclusion of a cognizable group. Batson′s authority has also recently been reinforced in a pair of 2005 decisions, Miller-El v. Dretke, , and Johnson v.

In the upper part of the past main castle, which is not cognizable as this today anymore, is situated the 32 m high Bergfried. Other still existing buildings and ruins are parts of the up to 2 m thick enclosing wall and also the Catholic church St. Hubertus (1731), which was constructed baroque styled and arose from the former castle chapel.

When a court considers a motion to dismiss, it must take the allegations in the Plaintiff's complaint as true and construe the Complaint in a manner that is favorable to the Plaintiff. Thus, for a motion to dismiss to succeed, the complaint must lack either a cognizable legal theory or sufficient facts to support the legal theory.Fed. R. Civ. Pro. 12(b)(6).

Bell Buck v. Bell, while not expressly overturned, was implicitly overturned by Skinner v. Oklahoma (1942), in which the Court held that a person's choices whether to aid in the propagation of the human species was a cognizable fundamental right guaranteed under the 14th Amendment of the Constitution, a liberty retained by the people under the 9th Amendment of the Constitution.

Each of the five counties of New York City elects a district attorney (DA) for a four-year term, whose duty it is to prosecute all crimes and offenses cognizable by the courts of the county. There is also a sixth DA, the Office of the Special Prosecutor for Narcotics, who is unelected, but appointed by the five elected DAs.

Then, the OCBC agreed to stop distributing marijuana. It also appealed Judge Breyer's decision to the Ninth Circuit. The Ninth Circuit reversed and held that medical necessity was a legally cognizable defense to charges under the Controlled Substances Act. Accordingly, the district court could have fashioned an injunction that was more limited in scope than a total ban on distributing marijuana.

If a person, violates the regulatory provisions he will be "punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh rupees and where the damage caused exceeds ten lakh rupees such fine may commensurate with the damage caused, or with both." Any offence under this Act is non-bailable and cognizable.

BP said administration of the 2012 settlement was marred by the fact that people without actual damages could file a claim. The court ruled that BP hadn't explained "how this court or the district court should identify or even discern the existence of 'claimants that have suffered no cognizable injury.'" BP originally projected that its settlement costs would be $7.8 billion.

And, in United States v. Bevans (1818), the Court noted that "[i]t may be deemed within the scope of the question certified to this court" to inquire whether the murder was cognizable under § 3 of the Crimes Act of 1790, even though the defendant had only been indicted under § 8.United States v. Bevans, 16 U.S. (3 Wheat.) 336, 389 (1818).

Such an order would have been the first in history. The next day, the NFL publicly acknowledged the missed call for the first time. In the same press release, they asked that the lawsuit be thrown out on the grounds that "this kind of dispute implicates no legally cognizable rights". The court denied the plaintiffs request to replay the game days later.

When a person commits a cognizable and non-bailable offence the police takes him/her into custody. After the expiry of the period of police custody if any, the accused is sent to Jail. U/ss 437 and 439 Cr.P.C., such accused has a right to be released from custody. Regular bail, therefore means release of accused from custody to ensure his presence in the trial.

Such functions being quasi-judicial in nature could not be termed as executive, administrative or ministerial.(PLD 2016 Supreme Court 581) It is pertinent to note however, as many academics have pointed out, that there is great utility in the appointment of such justices especially in rural areas where enmity between rival groups can lead to the inability of registration of cognizable offences and biased judicial proceedings.

The Canada Agricultural Products Act (CAPA) is an Act of the Parliament of Canada. It institutes the Board of Arbitration and the Review Tribunal, the decisions of which are cognizable by the Federal Court of Canada. Registered Establishments and Accredited Laboratories are under its purview, as are national Trade-Marks and Trade in agricultural products. It also enables the Inspectorate to search and to seize agricultural products.canlii.

Detainee's habeas petitions to the United States District Court for the District of Columbia were consolidated into two cases.Note, Daniel Freeman, One Case, Two Decisions: Khalid v. Bush, In re Guantanamo Detainee Cases, and the Neutral Decisionmaker, 24 Yale Law & Policy Review 241 (2006). In one, Judge Richard J. Leon rejected the detainees petition because they "have no cognizable Constitutional rights" on January 19, 2005.

The law defines a bull as "an uncastrated male of above 3 years", a bullock as "castrated male of above 3 years", a calf as "male or female below 3 years" and a cow as "female above 3 years". Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.

The law defines "beef" as the flesh of cow and of such bull or bullock whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported into Uttarakhand. Anyone violating the Act can be punished with rigorous imprisonment of up to 2 years or fine up to 1,000 or both. The crime is treated as a cognizable and non-bailable offence.

The Act provided that "there shall be appointed in each district" a "person learned in the law to act as attorney for the United States in such district, who shall be sworn or affirmed to the faithful execution of his office, whose duty it shall be to prosecute in such district all delinquents for crimes and offences, cognizable under the authority of the United States."Judiciary Act of 1789, § 35, 1 Stat. 73, 92–93.

It was passed in 1960 and is one of only 15 Private Members' Bills passed since independence. Her crowning achievement however was her successful move to amend the code for Criminal Procedure that made any organized propaganda leading to communal tensions or enmity a cognizable offence. She is alleged to have had an affair with Indira Gandhi's husband, Feroze Gandhi. She was awarded the Rajiv Gandhi Sadhbhavana Award given by the Rajiv Gandhi Foundation.

The crime is treated as a cognizable and non-bailable offence.This act though, has not been necessarily implemented. The Goa Animal Preservation Act, 1995 applies to bulls, bullocks, male calves and buffaloes of all ages. All the animals can be slaughtered on obtaining a "fit-for-slaughter" certificate which is not given if the animal is likely to become economical for draught, breeding or milk (in the case of she-buffaloes) purposes.

State of Bihar & Anr., a two-judge bench of the Supreme Court reviewed the enforcement of section 41(1)(A) of CrPC which instructs state of following certain procedure before arrest, and went on to observe that the 498A had become a powerful weapon in the hands of disgruntled wives where innocent people were arrested without any evidence due to non-bailable and cognizable nature of the law.Arnesh Kumar v. State of Bihar & Anr.

Most of other states specify that offences would be cognizable only. The maximum term of imprisonment varies from 6 months to 14 years(life-term) and the fine from 1,000 to 5,00,000. Delhi and Madhya Pradesh have fixed a mandatory minimum term of imprisonment at 6 months. Cows are routinely shipped to states with lower or no requirement for slaughter, even though it is illegal in most states to ship animals across state borders to be slaughtered.

Common law holds that the sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (lawsuits against the government) are permitted; however, lawsuits against the monarch personally are not cognizable. The sovereign and, by extension, the governor-general, also exercises the "prerogative of mercy" and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial.

Natural law or the law of nature refers to normative properties that are inherent by virtue of human nature and universally cognizable through human reason. Historically, natural law refers to the use of reason to analyze both social and personal human nature to deduce binding rules of moral behavior. The law of nature, being determined by nature, is universal. In the Treatise on Law, deals with Aquinas view’s on the objective ethical aspect of human decision-making.

All jurisdictions in the United States (including the Virgin Islands) allow for peremptory challenges; the number depends on the jurisdiction and the type of case (i.e., more challenges may be permitted in a murder case than for DWI). In the United States, the use of peremptory challenges by criminal prosecutors to remove persons from a cognizable group (i.e., of one race, ethnicity, or gender) based solely on that group characteristic has been ruled to be unconstitutional in Batson v.

By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses. # By placing corrupt jurors in court to pass judgment and placing jurors without land holdings in courts of high treason. And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders. # By requiring excessive bail charges.

The crime is treated as a cognizable offence. The Gujarat Animal Preservation (Amendment) Act, 2011 was passed unopposed in the Gujarat Legislative Assembly, with support from the main opposition party, on 27 September 2011. The amendment, which came into effect in October 2011, criminalized transporting the animal for the purpose of slaughter and included a provision to confiscate the vehicle used for carrying cow meat. It also increased the maximum jail term for slaughtering cattle to 7 years and maximum fine to 50,000.

Classes of persons named higher on the list receive priority of appointment to those lower on the list. Although relatives of the deceased frequently receive priority over all others, creditors of the deceased and 'any other citizen [of that jurisdiction]' may act as an administrator if there is some cognizable reason or relationship to the estate. Alternatively, if no other person qualifies or no other person accepts appointment, the court will appoint a representative from the local public administrator's office.

A rickshaw puller's wife can allege that she gave crores of money as dowry and since it is a cognizable case, police are bound to register the case. And in most cases, the capacity of the wife or her parents and the source of the funds are never tracked. Section 498A IPC was challenged but upheld by the Supreme Court of India in 2005. In 2010, the Supreme Court lamented about the possible misuse of anti-dowry laws in Preeti Gupta & Another v.

Justice Anthony Kennedy delivered the opinion of the Court, which in a 5-4 decision held that disparate impact claims are cognizable under the Fair Housing Act.Inclusive Communities Project, slip op. at 23; Editorial Board, Affordable Housing, Racial Isolation, , June 29, 2015 (last visited July 5, 2015) (hereinafter cited as Affordable Housing), Paul Hancock and Andrew C. Glass, The Supreme Court recognizes but limits disparate impact in its Fair Housing Act decision, SCOTUSBlog.com, June 26, 2015 (last visited July 5, 2015).

The main issue presented in this case is whether aesthetic harm can suffice as an injury-in-fact in order to establish standing. The "injury in fact" test requires both an "injury to a cognizable interest" and that "the party seeking review be himself among the injured." The Storm King project was to be located in an area of unique beauty and major historical significance. The highlands and gorge of the Hudson offer one of the finest pieces of river scenery in the world.

The Sovereign is deemed the "fount of justice," and is responsible for rendering justice for all subjects. The Sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. The common law holds that the Sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the Monarch personally are not cognizable.

Crescas met the medieval rationalists as a philosopher who recognized the right of philosophical speculation. He did not agree with those Christian and Muslim theologians who in their speculations were advocates of a twofold truth, one for the theologian and the other for the philosopher, the former not cognizable by natural man, because supernatural and irrational, the latter open to the intelligence of natural man. Crescas attempted to show that Aristotelian rationalism was far from infallible. In this, he is a precursor of Baruch Spinoza.

Self-luminosity means being directly cognizable without dependence on anything else; and being different from that is hetu ('proximal or concomitant cause'). The assumed difference between Brahman that is cognized and the Brahman that cognizes is imaginary (kalpanika) because in reality there is no difference. The assumed difference between Brahman on the one hand and Jiva and Ishvara on the other is not based on luminosity but on other dharmas (jivatva and ishvaratva) (Advaita-siddhi 22-23). Ishvaratva is due to the Upadhi of Avidya.

To allow for the legality of the operation, the states of Punjab and Chandigarh had been declared by the Indian government as 'disturbed areas' by the enactment of the Punjab Chandigarh Disturbed Area Act 1983,THE CHANDIGARH DISTURBED AREAS ACT, 1983 : Legal India :: Legal India : Law Information Portal of India while the Army was given unprecedented powers to detain and arrest civilians by the enactment of the Armed Forces (Punjab and Chandigarh) Act 1983.[The] Armed Forces (Punjab And Chandigarh) The act empowered any commissioned, warrant or non-commissioned officer of the Army if "of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use forces, even to the causing of death". The act also allowed such an officer to "arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence". Fast Track courts were set up under the Terrorist Affected Areas (Special Courts) Act 1984 Terrorist Affected Areas (Special Courts) Act 1984 to try to sentence suspected terrorists rapidly.

There have been many such collections since, usually in vernacular languages. Adages formulated in popular works of fiction often find their way into popular culture, especially when a subculture devoted to the work or its genre exists, as in the case of novels of science fiction. Many professions and subcultures create their own adages, which are cognizable as a kind of jargon; such adages may find their way into popular use, sometimes being altered in the process. Online communities, such as those that develop in Internet forums or Usenet newsgroups, often generate their own adages.

Before one attains the "thing which is cognizable and true" (gnōston te kai alēthes), one must have apprehended the "name," "account" (logos), "image," and "knowledge" (epistēmē). Name and account are approached through verbal description, while sense perception perceives the image. One attains knowledge only from the combination of verbal description and sense perception, and one must have knowledge before one can attain the object of knowledge (which Plato calls simply "the Fifth," name, account, image, and knowledge being "the Four"). The Fifth, moreover, differs from what is sensible and verbal expressions of it.

The practice of charging capitation fees by various institutions and universities has been subjected to criticism on various grounds. It has been often referred as 'killing of merit'. In its emphatic judgement in the Mohini Jain V/s State of Karnataka case, the Supreme Court declared that charging of capitation fees was arbitrary, unfair, and in violation of the fundamental right to equality in Article 14 of the Constitution. The Prohibition of Unfair Practices in Technical Educational Institutions, Medical Institutions and Universities Bill 2010 recognized capitation fees as a cognizable offence.

This is because the Pakistani penal code recognizes the Islamic practices of Qisas and Diyya, where the next-of-kin of a victim can accept restitution and grant forgiveness to the culprit. In that case, the Pakistani state does not press charges even for otherwise cognizable offences like murder. Samia's father, being her Wali or first-ranking kin, forgave the assassin and also his accomplice (being Samia's mother). The two left-wing activists, the feminist lawyers Hina Jilani and Asma Jehangir, were threatened with death for their defense of Samia.

The sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. The common law holds that the sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the monarch personally are not cognizable. The sovereign, and by extension the governor-general, also exercises the "prerogative of mercy," and may pardon offences against the Crown.

Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the Queen-in-Council) are permitted, but lawsuits against the monarch personally are not cognizable. In international cases, as a sovereign and under established principles of international law, the Queen of Canada is not subject to suit in foreign courts without her express consent. Within the royal prerogative is also the granting of immunity from prosecution, mercy, and pardoning offences against the Crown. Since 1878, the prerogative of pardon has always been exercised upon the recommendation of ministers.

In the United States, President Eisenhower's "middle way" was arguably motivated by a belief in political pluralism. While advocated by many pluralists, pluralism need not embrace social democracy given it does not a priori assume a desirable political system. Rather, pluralists advocate one based on the pre-existing traditions and cognizable interests of a given society, and the political structure most likely to harmonize these factors. Thus, pluralists have also included Michael Oakeshott and John Kekes, proponents of something close to liberal conservatism (although will often reject such political labels).

Inclusive Communities Project, Inc., 576 U.S. 519 (2015), was a United States Supreme Court case in which the Court analyzed whether disparate impact claims are cognizable under the Fair Housing Act.Texas Dept. of Hous. and Cmty. Affairs v. Inclusive Communities Project, Inc., No. 13-1371, 576 U.S. ___, slip op. at 23 (2015). In Justice Anthony Kennedy's majority opinion, the Court held that Congress specifically intended to include disparate impact claims in the Fair Housing Act, but that such claims require a plaintiff to prove it is the defendant's policies that cause a disparity.

Inclusive Communities Project, slip op. at 3 (internal quotations and citations omitted). Both the District Court and the United States Court of Appeals for the Fifth Circuit ruled in favor of the Inclusive Communities Project, holding that disparate impact claims are cognizable under the Fair Housing Act.Inclusive Communities Project, slip op. at 4-5; Ariane de Vogue, Court upholds key tool to combat housing discrimination, CNN, June 25, 2015 (last visited July 5, 2015). The Texas Department of Housing and Community then appealed to the Supreme Court of the United States.Inclusive Communities Project, slip op.

To collect information and intelligence about evasion of Customs, Federal Excise duties and Sales Tax and smuggling of contraband, including narcotics. To perform enforcement duties and to carry out preventive operations throughout the country related to smuggling, evasion of federal taxes through clandestine removal of dutiable goods, mis-declaration, valuation frauds, fraudulent claims of refund and rebate etc. and to detect and investigate cases cognizable under the Prevention of Smuggling Act, 1977. To collect and consolidate reports of significant seizures of contraband and smuggled goods, including narcotics, made by law enforcement agencies in Pakistan.

For the Petitioner, the relevant history of Hawaii begins with the Annexation Resolution, not in the previous era of sovereignty. Claims of sovereignty based upon the status or political standing of Natives prior to the 1893 coup are both mistaken and irrelevant. The Petitioner's Brief notes that at the time of their transfer, "these 'public lands' were held by the Republic of Hawaii free and clear of any encumbrances or trust obligations. None of the former citizens of the Hawaiian kingdom held any cognizable interest in these lands" (3).

His system is tinged with panentheism. God Himself, as the first cause of all causes, can neither be conceived nor cognized, and can not even be mentioned; the name "En Sof" (Infinite) is a mere makeshift. Even the Keter Elyon, the first Sefirah, can not be conceived or imagined; it is coeternal with the En Sof, although only its effect; it is what is called in Scripture "His Name." By means of it the other sefirot emanated from God, being the various manifestations through which the Godhead makes Himself cognizable.

The Act provided that "there shall be appointed in each district" a "person learned in the law to act as attorney for the United States in such district, who shall be sworn or affirmed to the faithful execution of his office, whose duty it shall be to prosecute in such district all delinquents for crimes and offences, cognizable under the authority of the United States."Judiciary Act of 1789, § 35, 1 Stat. 73, 92-93. The Act authorized judges, justices, justices of the peace, and magistrates to issue arrest warrants.

PRATYKSHA & Pratyaksha Both are different Meaning (प्रत्यक्षा & प्रत्यक्ष) Pratyaksha (Sanskrit: प्रत्यक्ष IAST: pratyakṣa) literally means that which is perceptible to the eye or visible, in general usage it refers to being present, present before the eye i.e. within the range of sight, cognizable by any sense organ, distinct, evident, clear, direct, immediate, explicit, express, corporeal; it is a Pramana, mode of proof. The Nyaya School recognizes Pratyaksha (perception) as a kind of pramana along with Anumana (inference), Upamana (comparison) and Shabda (verbal testimony); this school recognizes these four kinds only. The Sankhya School does not recognize Upamana as a pramana.

Later that year, he was barred from future entry into the US under immigration laws. "The Xuncax court also added summary execution or extrajudicial execution and arbitrary detention (as differentiated from prolonged arbitrary detention) to the list of torts cognizable under the ATCA. "Numerous other cases have now reaffirmed the responsibility and civil liability of commanders and those in authority for the actions of their troops and subordinates." In its ruling, the judiciary said that "[Gramajo-Morales ]... was aware of and supported widespread acts of brutality committed under his command resulting in thousands of civilian deaths.

Most States prohibit the slaughter of calves, whether male or female. With the exception of Bihar and Rajasthan, where age of a calf is given as below 3 years, the other States have not defined the age of a calf. According to the National Commission on Cattle, the definition of a calf being followed in Maharashtra, by some executive instructions, was "below the age of 1 year". In Dadra and Nagar Haveli and Daman and Diu, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Puducherry, Punjab, Rajasthan, Uttar Pradesh and Uttarakhand violation of State laws on cattle slaughter are both cognizable and non-bailable offences.

All counties (including each of the five counties of New York City) elect a district attorney for four-year terms,County Law § 926 whose duty it is to prosecute all crimes and offenses cognizable by the courts of the county.County Law § 927 District attorneys are legally permitted to delegate the prosecution of petty crimes or offenses.People v Jeffreys, 53 Misc 3d 1205 (2016) For example, prosecutors don't normally handle New York City Criminal Court summons court cases, and the NYPD's Legal Bureau has a memorandum of understanding with the district attorneys, at least in Manhattan, allowing the NYPD to selectively prosecute them.

The sovereign is deemed the fount of justice, and is responsible for rendering justice for all subjects, known in this role as the Queen on the Bench. However, he or she does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. Hence, the common law holds that the sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the monarch personally are not cognizable.

The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim (e.g., the claim is nonsense) or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint.

The Justice stated that "While Flast standing to assert the right of conscience is in a class by itself, it would be a mistake to think that case is unique in recognizing standing in a plaintiff without injury to flesh or purse. Cognizable harm takes account of the nature of the interest protected, which is the reason that 'the constitutional component of standing doctrine incorporates concepts concededly not susceptible of precise definition,' leaving it impossible 'to make application of the constitutional standing requirement a mechanical exercise.'"Hein, 551 U.S. at 641-42 (Souter, J., dissenting, quoting ).

The determination of what constitutes a legally cognizable harm that may be balanced off against the benefits of increased access, to decide what is the net harm or benefit "is the purview of general laws." These include contract, tort, and antitrust laws. Unless the constraints of the general law are taken into account, he argues: > [I]ncreased access may, in efficiency terms, be worse for society than no > access at all. While the latter merely produces patent law's internal net > system efficiency improvement (additional innovation justifying the costs of > reduced access), the former can impose additional costs producing a net > overall efficiency decrease.

Following their Indictment, the Defendants filed a Motion to Dismiss, moving the Court to dismiss the charges alleging violations under Title 18 U.S.C. § 1030(a)(4), arguing that “even accepting all of the Government’s factual allegations as true, the Government has failed to state a cognizable offense under the law.” The Court sided with this Motion to Dismiss, concluding that the Defendants had not violated Title 18 U.S.C. § 1030(a)(4), for a video poker game does not constitute a protected computer under 18 U.S.C. § 1030(e)(2)(B) nor did their actions exceed authorized access under 18 U.S.C. § 1030(e)(6).

The term Batson challenge describes an objection to opposing counsel's use of a peremptory challenge to exclude a juror from the jury pool based on criteria the courts have found disqualifying, as race was the sole rationale for exclusion in Batson. In some cases, parties have appealed a verdict or judgment and asked it be invalidated because one or more peremptory challenges excluded a cognizable group from the jury. Although the Batson decision addressed jury selection in criminal trials, in 1991 the Supreme Court later extended the same rule to civil trials in Edmonson v. Leesville Concrete Company.

Bedi's travel agent Flywell, invoiced her hosts business class fare for air tickets, but arranged Bedi to travel in economy class. Between 2006 and 2011, there were several discrepancies in travel-related expense statements, as well as instances where she travelled at no cost to her hosts for a cause. In these cases, Bedi stated she did not personally receive or incur the disputed difference, only India Vision Foundation did, an NGO she headed. In November 2011, the Delhi Police, under directions of the additional chief metropolitan magistrate, registered an FIR – police case for cognizable offense – against Bedi for allegedly misappropriating funds through Indian Vision Foundation and other NGOs.

The law defines "beef" as the flesh of cow and of such bull or bullock whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported into Uttar Pradesh. Anyone violating the Act can be punished with rigorous imprisonment of up to 2 years or fine up to 1,000 or both. The crime is treated as a cognizable and non-bailable offence. The Act permitted the slaughter of bull or bullock on obtaining a "fit-for-slaughter" certificate provided it was over the age of 15 years or had become permanently unfit for breeding, draught and any agricultural operations.

It is a cognizable criminal offence to employ a Child for any work. Children between age of 14 and 18 are defined as "Adolescent" and the law allows Adolescent to be employed except in the listed hazardous occupation and processes which include mining, inflammable substance and explosives related work and any other hazardous process as per the Factories Act, 1948. In 2001, an estimated 1% of all child workers, or about 120,000 children in India were in a hazardous job. Notably, the Constitution of India prohibits child labour in hazardous industries (but not in non-hazardous industries) as a Fundamental Right under Article 24.

The law also placed rules on who, when and how long can pre-adults aged 15–18 years be employed in any factory. The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age in a mine. The Child and Adolescent Labour (Prohibition and Regulation) Act of 1986: A "Child" is defined as any person below the age of 14 and the CLPR Act prohibits employment of a Child in any employment including as a domestic help (except helping own family in non-hazardous occupations). It is a cognizable criminal offence to employ a Child for any work.

The sovereign is responsible for rendering justice for all her subjects, and is thus traditionally deemed the fount of justice. However, she does not personally rule in judicial cases; instead the judicial functions of the Royal Prerogative are performed in trust and in the Queen's name by Officers of Her Majesty's Court. Extending from this is the notion in common law that the sovereign "can do no wrong"; the monarch cannot be prosecuted in her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the Queen-in-Council) are permitted; however, lawsuits against the monarch personally are not cognizable.

Several Armstrong cruisers played an important role in defeating the Russian fleet at the Battle of Tsushima in 1905. In the American Civil War in 1861 the North had a small but cognizable advantage over the south due to its ability to produce (in relatively small numbers) breech-loading rifles for use against the muzzle-loading rifled muskets the were largely the sole variety of shoulder arm utilized by the south. This began the transition to industrially produced mechanized weapons such as the Gatling gun. This industrial innovation in the defense industry was adopted by Prussia in 1866 & 1870–71 in its defeat of Austria and France respectively.

The court ruled that FatWallet lacked standing to sue for any harm done to its users for having their postings temporarily removed, and FatWallet did not assert any injury to itself that the court found cognizable. Since its launch, FatWallet has expanded its forums to include discussion on other financial topics such as investments, banking and credit cards. The Finance forum has been mentioned in The Wall Street Journal and The New York Times referencing personal finance topics including on credit cards and 401K investment tips. FatWallet launched "Best Deals" in 2009 (initially called "Today's Top Deals"), which features researched deals found on the internet by staff and members.

Some of these being; establishment of "Charvaha schools", where children of poor could get skilled; abolishment of cess on toddy and more importantly the negligence of rules related to reservation for backward castes were made cognizable offence.Laloo mobilised backwards through his identity politics.According to his conception, Forward Castes were elite in the outlook and thus he portrayed himself as, "Messiah of backwards" by ensuring that his way of living remain identical to his supporters who were mostly poor. He even continued to reside in his quarter of one room after getting elected as Chief Minister, though later he moved to official residence of the CM for administrative convinience.

He said he wants Prime Minister Manmohan Singh to resolve the matter, while he wanted to avoid discord with the home ministry, who said the altered law would then result in an increase in criminal incidences of sodomy or offences involving sexual abuse of children, particularly boys. In doing so he alleged that the law even penalises health workers who treat homosexuals, while making this a cognizable and non-bailable offence. Various Hindu organisations, based in India and abroad have supported decriminalisation of homosexual behaviours. In 2009, the Hindu Council UK became one of the first major religious organisations to support LGBT rights when they issued a statement "Hinduism does not condemn homosexuality".

In the case the Florida Supreme Court ruled that the General Assembly had the power to require "that all cases now pending in said Court of Appeals, shall be transferred to said Supreme Court, and tried and decided therein and thereby, except cases cognizable by the Federal Courts." Furthermore "[a]n appeal suspends the judgment until some Superior Tribunal makes a rightful disposition of the case," and "[t]he laws of the United States, do not provide for the transfer by appeal or Writ of Error of a judgment rendered by the Superior Court of a Territory, to a District or Circuit Court, or to the Supreme Court of the United States."Stewart v. Preston, 1 Fla.

Johnson and Green Party presidential nominee Jill Stein sued the Commission on Presidential Debates, the Republican National Committee and the Democratic National Committee, alleging that the Commission's failure to extend them an invitation to the 2012 violated the Sherman Antitrust Act and the First Amendment.Morgan Little, Lawsuit highlights difficulty of third-party involvement in debates, Los Angeles Times (September 27, 2012).Megan R. Wilson, Court: Excluding outside parties from presidential debates does not violate First Amendment, The Hill (August 29, 2017). Johnson and Stein's suit was dismissed by the federal courts; the U.S. Court of Appeals for the D.C. Circuit ruled in 2017 that the two candidates lacked a valid legal claim or a cognizable injury.

The fortune of Singh turned when Nitish Kumar, decided to nominate him as his candidate on the ticket of Janata Dal (United) from the Mokama constituency. It was considered as paradoxical by a section of media that Kumar who vowed to end 'criminalisation of politics' was backing such a person against whom charges of serious cognizable offences were lodged. But, amidst criticism and counter statements Singh managed to win from Mokama seat due to support of his castemen as well as the wave of Nitish Kumar. Singh has been three times MLA from Mokama. Singh’s activities dragged the nation's attention when in 2007 he was reported to have two journalists from NDTV 24×7 and ANI news as hostages in his official bungalow.

Police vehicles in New Delhi Crime in India has been recorded since the British Raj, with comprehensive statistics now compiled annually by the National Crime Records Bureau(NCRB), under the Ministry of Home Affairs (India)(MHA). As of 2019, a total of 51, 56, 172 cognizable crimes comprising 32,25,701 Indian Penal Code (IPC) crimes and 19,30,471 Special & Local Laws (SLL) crimes were registered nationwide. Showing a 1.6% annual increase in the registration of cases (50,74,635 cases), the crime rate per 100,000 population has increased from 383.5 in 2018 to 385.5 in 2019.More than a fifth of all registered crime (10,50,945) were classified as offences affecting the human body, which included violent acts such as murder, kidnapping, assualt and death by negligence.

In order to determine if an alteration of that balance has occurred, the court then had to determine what conduct is, in fact, prohibited by Section 1973. The court determined that those provisions were intended to dispense with the requirement that a challenged law be the result of demonstrable racial animus on the legislator's part, but that they still required that there be some causal connection between discrimination and disparity. Since Muntaqim had averred such a connection (and since the procedural posture of the case obliged the court to assume the truth of what he averred), the court determined that he had stated a cognizable VRA claim. The court then turned to the question of whether Section 1973 affected an alteration in the federal/state balance.

Libertarian presidential nominee Gary Johnson and Green Party presidential nominee Jill Stein sued the Commission on Presidential Debates, the Republican National Committee and the Democratic National Committee, alleging that the Commission's failure to extend them an invitation to the 2012 violated the Sherman Antitrust Act and the First Amendment.Morgan Little, Lawsuit highlights difficulty of third-party involvement in debates, Los Angeles Times (September 27, 2012).Megan R. Wilson, Court: Excluding outside parties from presidential debates does not violate First Amendment, The Hill (August 29, 2017). Johnson and Stein's suit was dismissed by the federal courts; the U.S. Court of Appeals for the D.C. Circuit ruled in 2017 that the two candidates lacked a valid legal claim or a cognizable injury.

The district court trial hinged upon several questions, including whether Harvey was protected by judicial immunity, whether he was acting under color of law, and whether the claims against him were cognizable under the Equal Protection Clause of the Fourteenth Amendment. The proceedings included evidence from the incident with Vorlob, the ensuing D.A. lawsuit, and over 200 instances of malicious public actions Judge Harvey had made against Harris after indicting him in the Vorlob case. During the proceedings, Judge Harvey was asked about racial commentary he had made in public, specifically in his calling for the removal of that "black bastard" and "goddamned nigger" (referring to Harris) from the police force. Harvey responded in testimony, that he affirmed making the comments, but that they were not racial.

In March 1984, the Navajo Nation requested that Secretary of the Interior William Clark make a reasonable adjustment of the coal lease royalty rate paid by Peabody Coal, now Peabody Energy. In July 1985, the newly appointed Hodel secretly met ex parte with Peabody's representative, "a former aide and friend of Secretary Hodel." After briefly reviewing the proposals' merits, Hodel approved lease amendments with royalty rates well below the rate that had previously been determined appropriate by the agencies responsible for monitoring the federal government's relations with Native Americans. In 2007, the US Court of Appeals for the Federal Circuit determined that those actions breached the government's duty of trust to the Nation and established a "cognizable money-mandating claim" against the government under the Indian Tucker Act.

There are seven cases of Cognizable offence under Indian Penal Code, Arms Act 1959 and Explosive Substances Act 1883 against Prasad in various Districts of Bihar In 2000, there was a violent confrontation had occurred at Arrah Collectorate and Court in connection with a protest against a police killing of a CPI(ML)Liberation activist. Prasad and others have been accused of leading with others, a mob of 1500 to 2000 persons who entered into the premises of Collectorate and Civil Court of Arrah who pelted stones and also exploded bombs.Patna High Court - Rameshwar Prasad vs The State Of Bihar Four CPI(ML)Liberation activists were killed in the police firing. CPI(ML)Liberation asserts that the local police had lodged criminal cases against the CPI(ML)Liberation leaders (including Prasad) as a retaliatory measure.

Note that changing the word "issue" to "children" makes the gift valid: Since the class of "A's children" is closed and completely cognizable at the time of A's death (plus a gestation period as allowed by the rule), A's children no longer have a vested remainder subject to open; upon A's death, they now have an indefeasibly vested remainder, which is outside the scope of the Rule against Perpetuities. On the contrary, the class of "A's issue" is subject to expand long after A's death, so their future interest remains that of a vested remainder subject to open, which is within the scope of the rule. B cannot serve as the life in being for A's issue because B was not yet born, i.e., not "a life in being," at the time of the transfer.

Pursuant to Title 10 of the United States Code §1585, DCIS Special Agents conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of Defense have the authority to execute and serve any warrant or other process issued under the authority of the United States; to make arrests without a warrant for any offense against the United States committed in the presence of that agent; and to make arrests without a warrant for any felony cognizable under the laws of the United States if the agent has probable cause to believe that the person to be arrested has committed or is committing the felony. Authorization for Special Agents of the Defense Criminal Investigative Service to carry firearms while assigned investigative duties or other duties as the Secretary may prescribe can be found in 10 U.S. Code §1585(a).

Lalu Yadav in a rally with Rabri Devi and Subhash Prasad Yadav According to Seyed Hossein Zarhani, though Laloo Prasad became a hate figure among Forward Castes, he drew huge support from backward castes and Dalits.He was criticised for neglecting development but a study conducted during his reign among downtrodden Musahars revealed that though the construction of houses for them hasn't been concluded at required pace, still they will choose Laloo as he returned them their "ijjat"(honour) and for the first time they are allowed to vote. A number of populist policies which directly impacted his backward caste supporters were launched during his tenure. Some of these being; establishment of "Charvaha schools", where children of poor could get skilled; abolishment of cess on toddy and more importantly the negligence of rules related to reservation for backward castes were made cognizable offence.

He added that "It goes without saying that there is much more at stake here than storm drains." Thomas likewise disagreed with the plurality's holding that even if the government had charged Hamdan with a crime that was clearly cognizable by military commission, the commission would still lack power to proceed because it does not comply with the terms of the UCMJ and the four Geneva Conventions signed in 1949. He again emphasized that the jurisdiction of military commissions is not prescribed by statute but is rather "adapted in each instance to the need that called it forth". Thomas argued that the Court's conclusion that Article 36 of the UCMJ amounts to an attempt by Congress to curb the Executive's power is "contrary to the text and structure of the UCMJ" and also inconsistent with prior decisions of the Court.

The federal official bribery and gratuity statute, 18 U.S.C. § 201 (enacted 1962), the Foreign Corrupt Practices Act (FCPA) 15 U.S.C. § 78dd (enacted 1977), and the federal program bribery statute, 18 U.S.C. § 666 (enacted 1984) directly address public corruption. The statutes differ in their jurisdictional elements, the mens rea that they require (for example, a quid pro quo or a nexus), the species of official actions that are cognizable, whether or not non-public official defendants can be prosecuted, and in the authorized sentence. The statutes most often used to prosecute public corruption are the Hobbs Act, Travel Act, RICO, the program bribery statute, and mail and wire fraud statutes. These statutes have been upheld as exercises of Congress's Commerce Clause power, or in the case of the mail fraud and program bribery statutes, the Postal Clause and the Spending Clause, respectively.

The preamble of the Act also states that the Act is: : "to prevent the commission of offences of atrocities against the members of Scheduled Castes and Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto". Thus objectives of the Act clearly emphasised the intention of the government to deliver justice to these communities through proactive efforts to enable them to live in society with dignity and self-esteem and without fear or violence or suppression from the dominant castes. The practice of untouchability, in its overt and covert form was made a cognizable and non-compoundable offence, and strict punishment is provided for any such offence. The SCs and STs (Prevention of Atrocities) Act, 1989 with stringent provisions was enacted on 9 September 1989.

New York, 524 F.3d 183 (2d Cir. 2008): Cabranes, writing for a unanimous panel on a question of first impression, held that the requirement of Article 36 of the Vienna Convention on Consular Relations that a detained alien be informed of the availability of consular notification and access did not establish a right that could be vindicated in a civil rights action for damages. He also concluded that the detention of an alien without being informed of the availability of consular notification and access did not amount to a tort in violation of customary international law cognizable under the Alien Tort Statute. Ricci v. DeStefano, 530 F.3d 88 (2d Cir 2008): In a dissenting opinion joined by five other members of the 13-member court, Cabranes objected to the perfunctory affirmance of an award of summary judgment to the defendants in a civil rights action.

As a form of epistemological idealism, rationalism interprets existence as cognizable and rational, that all things are composed of strings of reasoning, requiring an associated idea of the thing, and all phenomena (including consciousness) are the result of an understanding of the imprint from the noumenal world in which lies beyond the thing-in-itself. In scholasticism, existence of a thing is not derived from its essence but is determined by the creative volition of God, the dichotomy of existence and essence demonstrates that the dualism of the created universe is only resolvable through God. Empiricism recognizes existence of singular facts, which are not derivable and which are observable through empirical experience. The exact definition of existence is one of the most important and fundamental topics of ontology, the philosophical study of the nature of being, existence, or reality in general, as well as of the basic categories of being and their relations.

The Indian parliament passed the Information Technology Act of 2008 with no debate, giving the government fiat power to tap all communications without a court order or a warrant. Section 69 of the act states "Section 69 empowers the Central Government/State Government/ its authorized agency to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence." India is setting up a national intelligence grid called NATGRID,"Centralised System to Monitor Communications", reply by Shri Gurudas Kamat, Minister of State for Communications and Information Technology in Rajya Sabha, Press Information Bureau, 26 November 2009. Retrieved 17 September 2013.

The above graphs show: (a) the amount of cattle theft in India per 100,000 people, also called the rate, during the years 1953-2015 (shown in colour seagreen) and (b) the share (as percentage) of cattle theft in total major (cognizable) crime during the same period (shown in colour orchid). The graphs are based on tables of statistics from NCRB reports 1953-2015, India. According to Roshan Kishore, writing in Live Mint, analysis of data published by India's National Crime Records Bureau shows that the proportion of cattle theft in overall theft in India declined during the period 1990-2014 both in the number of incidents reported and the value of the property taken. Quote: "The share of cattle stolen has fallen both in terms of the number of incidents and the value of property during 1990-2014." The above graph shows the annual numbers of reported cattle theft in India during the years 1953-2015, also based on tables of statistics from NCRB reports 1953-2015, India.

Justice Brennan also points out that the majority essentially ignored the case of Jenkins v. McKeithen,. a case closely akin to the factual pattern of the current case which was also about an action brought under § 1983, and recognized that the public branding of an individual implicates interests cognizable as either "liberty" or "property" and held that such public condemnation cannot be accomplished without procedural safeguards designed to eliminate arbitrary or capricious executive action. Justice Brennan went on to say > I have always thought that one of this Court's most important roles is to > provide a formidable bulwark against governmental violation of the > constitutional safeguards securing in our free society the legitimate > expectations of every person to innate human dignity and sense of worth. It > is a regrettable abdication of that role and a saddening denigration of our > majestic Bill of Rights when the Court tolerates arbitrary and capricious > official conduct branding an individual as a criminal without compliance > with constitutional procedures designed to ensure the fair and impartial > ascertainment of criminal culpability.

The Office of the United States Attorney was created by the Judiciary Act of 1789, along with the office of Attorney General and the United States Marshals Service. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up the United States Federal Judiciary, including a district court system. Thus, the office of U.S. Attorney is older than the Department of Justice. The Judiciary Act of 1789 provided for the appointment in each judicial district of a "Person learned in the law to act as attorney for the United States...whose duty it shall be to prosecute in each district all delinquents for crimes and offenses cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned..." Prior to the existence of the Department of Justice, the U.S. Attorneys were independent of the Attorney General, and did not come under the AG's supervision and authority until 1870, with the creation of the Department of Justice.

In England and Wales, theoretically all criminal offences cognizable by English law involve "a breach of the Queen's peace", and all indictments formerly concluded "against the peace of our Lady the Queen, her crown and dignity" before the passage of the Indictments Act 1915 and the Rules that formed that Act's first schedule. The conclusion has also found its way into constitutional law in many United States state constitutions, which mandate that indictments within the state end in a similar manner to the above, usually omitting the "crown" part or substituting "government". For example, New Jersey's is "against the peace of this State, the government and dignity of the same". Historically that concluding phrase, now legally superfluous, represents the last trace of the process by which the royal courts assume jurisdiction over all offences, and gradually eroded the jurisdiction of the sheriff and of lords of manor and franchises, making crime a matter of national concern as distinguished from civil wrongs or infractions of the rights of local magnates.

The United States Attorney for the District of Hawaii -- also known as the United States Attorney and U.S. Attorney -- is the chief law enforcement officer representing the federal government in the United States District Court for the District of Hawaii and principal authority of the United States Department of Justice in the state of Hawaii. He or she administers the duties of the office from the Prince Kuhio Federal Building in downtown Honolulu near the Aloha Tower and Honolulu Harbor. The Judiciary Act of 1789 describes the role of the United States Attorney as, "A person learned in the law to act as attorney for the United States whose duty it shall be to prosecute in each district all delinquents for crimes and offenses cognizable under the authority of the United States and all civil actions in which the United States shall be concerned." The United States Attorney is appointed by the President of the United States and upon confirmation of the United States Senate serves a term of four years.

Wide scale human rights abuses were committed during the combing operation, including torture and extrajudicial executions. In the course of these operations at least fifteen were killed in the custody of the security forces, after severe torture, says NPMHR's petition. The NPMHR in their petition filed in October 1987 to the Gauhati High Court, alleged that the security forces committed the following cognizable offences: murder, manslaughter, infliction of grievous injuries, rape and sexual harassment; arson, looting and theft; desecration of Church; wanton destruction of public and private properties; including school buildings; illegal evictions; illegal raids, seizures; illegal detentions and arrests and forced labour. Around thirty villages were affected, 125 residents houses are alleged burnt, 112 like houses were dismantled, 6 schools and 10 churches were dismantled, properties worth of Rs.50,75,000/- were looted from seven villages and villagers belonging to five villages were forced to work, 27 persons are alleged to have been killed in the encounter on different dates in Senapati District of Manipur, 3 women were alleged raped and five women were alleged sexually molested and 300 persons are alleged tortured by Assam Rifles as enumerated by the Naga People's Movement for Human Rights.