The Military Head of State would be functus officio
on the promulgation of the new Constitution.
'In our opinion, the Tariff Commission should declare the investigation and release of the report functus officio
, or moot and academic, and cancel the safeguard duty immediately for noncompliance [of the Safeguard Measures Act],' it concluded.
Basic is the rule that the right to redeem becomes functus officio
on the date of its expiry, and its exercise after the period is not really one of redemption but a repurchase.
It is further argued that the JIT has become functus officio
with the conclusion of main case regarding alleged billions of rupees money laundering through fake bank accounts.
216 has become functus officio
("a Latin word which refers to the automatic termination of an office or official activity once it shall have served the legal purpose for which it was constituted") with the cessation of the Marawi siege that it may no longer be extended.
216 which originally imposed martial law and suspended writ in Mindanao has become functus officio
(of no further official authority or legal effect) and cannot anymore be extended.
I must emphasise it is a principle of law, which is also applicable to Parliament in the carrying out its quasi - judicial function, that once a House rejects a Report of a Committee, that decision effectively renders the relevant committee functus officio
upon the report being rejected by the House.
En droit, meme si malheureusement ce sens tend a se perdre, il faut normalement savoir distinguer, dans un jugement, ce qui, d'une part, releve de la res judicata, soit l'autorite de chose jugee qui est celle de la disposition d'un litige (et qui implique le principe du functus officio
ou dessaisissement), et, de l'autre, ce qui releve du stare decisis, c'est-a-dire l'autorite, de portee generale et variable, suivant une combinaison de facteurs quantitatifs et qualitatifs, des motifs de la disposition du litige (9).
However, such new facts must be realistic and not merely conjured so as to defeat the res judicata or the functus officio
principle (para 14).
The judgment is a nullity as the judges were functus officio
after passing of the main judgment of January 22, 2015 and the matter could not have been revived suo motu as no provision of law empowers the same and is contrary to the doctrine of separation of powers and contrary to settled law that the judiciary cannot make laws, the BCCI has said.
(1) It considers issues relating to the point at which a merits review tribunal 'makes' a decision, such that it becomes, or may become, functus officio
. Particular mention is made of the practical implications of the decision for the Refugee and Migration Review Tribunals and its potential application to other administrative decision makers.