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Indian Succession Act, 1925 Chapter 22

Title: Of Election

State: Central

Year: 1925

.....England does not pass by theWill. Cmay claim his legacy without giving up thereal property in England. ________________________ 1. Substitutedby Act 3 of 1951, section 3 and Schedule, for "the States". Section 182 - Testator's belief as to his ownership immaterial The provisions of sections 180 and 181apply whether the testator does or does not believe that which he professes todispose of by his Will to be his own. Illustrations (i) The farm of Sultanpur was theproperty of C. A bequeathed it to B,giving a legacy of 1,000rupees to C. C has elected to retain hisfarm of Sultanpur, which is worth 800rupees. C forefeitshis legacy of 1,000 rupees, of which 800 rupees goes to B, andthe remaining 200 rupees falls into the residuarybequest, or devolves according to the rules of intestate succession, as thecase may be. (ii) A bequeaths an estate to B in case B'selder brother (who is married and has children) shallleave no issue living at hisdeath. A also bequeaths to C a jewel, which belongs to B. B must elect to give up the jewelor to lose the estate. (iii) A bequeaths to B 1,000rupees, and to C an estate which Will, under a settlement, belong to B ifhis elder brother(who.....

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Presidential and Vice-presidential Elections Act, 1952 Part II

Title: Conduct of Presidential and Vice-presidential Elections

State: Central

Year: 1952

.....is taken, voles shall be counted by, or under the supervision of, the Returning Officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting, Section 11 - Declaration of results When the counting of the votes has been completed, the Returning Officer shall forthwith declare the results of the election in the manner provided by this Act or the rules made-thereunder. Section 12 - Report of the result As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Central Government and the Election Commission, and the Central Government shall cause to be published in the Official Gazette the declaration containing the names of the person elected to the office of President or Vice-President, as the case may be.

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Indian Succession Act, 1925 Section 187

Title: When Acceptance of Benefit Given by Will Constitutes Election to Take Under Will

State: Central

Year: 1925

Acceptance of a benefit given by a Will constitutes an election by the legatee to take under the Will, if he had knowledge of his right to elect and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he waives inquiry into the circumstances. Illustrations (i) A is owner of an estate called Sultanpur Khurd, and has a life interest in another estate called Sultanpur Buzurg to which upon his death his son B Will be absolutely entitled. The Will of A gives the estate of Sultanpur Khurd to B and the estate of Sultanpur Buzurg to C. B, in ignorance of his own right to the estate of Sultanpur Buzurg, allows C to take possession of it, and enters into possession of the estate of Sultanpur Khurd. B has not confirmed the bequest of Sultanpur Buzurg to C. (ii) B, the eldest son of A, is the possessor of an estate called Sultanpur. A bequeaths Sultanpur to C and to B the residue of A's property. B having been informed by A's executors that the residue Will amount to 5,000 rupees, allows C to take possession of Sultanpur. He afterwards discovers that the residue does not amount to more than 500 rupees. B has not confirmed the beque

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Presidential and Vice-presidential Elections Act, 1952 Amending Act I

Title: Presidential and Vice-presidential Elections (Amendment) Act, 1977

State: Central

Year: 1952

.....any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidate, has been wrongly accepted; or (c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the Supreme Court shall declare the election of the returned candidate to be void. (2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IXA of the Indian Penal Code (45 of 1860.). 19.Grounds for which a candidate other than the returned candidate may be declared to have been elected.- If any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the.....

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Chapter III

Title: Presentation of Petitions in Respect of Disputed Elections

State: Central

Year: 1977

.....practice are made in the petition. Section 7 - Contents of petition (1) A petition-- (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908.), for the verification of pleadings: Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. Section 8 - Relief that may be claimed by the petitioner A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further.....

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 18

Title: Grounds for Declaring Election to Be Void

State: Central

Year: 1977

.....or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, the Authority shall declare the election of the returned candidate to the void. (2) If in the opinion of the Authority a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice but the Authority is satisfied-- (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent, of the candidate or his election agent; (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the Authority may decide that the election of the returned candidate is not void.

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Presidential and Vice-presidential Elections Act, 1952 Complete Act

Title: Presidential and Vice-presidential Elections Act, 1952

State: Central

Year: 1952

.....- Presentation of petition Section15 - Form of petitions, etc., and procedure Section16 - Relief that may be claimed by the petitioner Section17 - Orders of the Supreme Court Section18 - Grounds for declaring the election of a returned candidate to be void Section19 - Grounds for which a candidate other than the returned candidate may he declared to have been elected Section20 - Transmission of orders to the Central Government and its publication Part IV Section20A - Return or forfeiture of candidate's deposit Section21 - Power to make rules Section22 - Maintenance of secrecy of voting Section23 - Jurisdiction of civil courts barred Amending ActI - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS (AMENDMENT) ACT, 1977 Amending ActII - MINISTRY OF LAW AND JUSTICE

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Presidential and Vice-presidential Elections Act, 1952 Section 19

Title: Grounds for Which a Candidate Other Than the Returned Candidate May He Declared to Have Been Elected

State: Central

Year: 1952

If any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected : Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candidate and a petition had been presumed calling in question his election.

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Presidential and Vice-presidential Elections Act, 1952 Section 8

Title: Procedure in Contested and Uncontested Elections

State: Central

Year: 1952

.....their candidatures exceeds one, the Returning Officer shall forthwith publish in such form and manner as may be prescribed a list containing the names in alphabetical order and addresses of candidates as given in the nomination papers, together with such other particulars as may be prescribed, and a poll shall be taken: (c) there is no candidate who has been duly nominated and has nnt so withdrawn his candidature, the Reluming Officer shall report the fact to the Election Commission and thereafter all the proceedings in relation to the election shall be commenced afresh and lor that purpose the Election Commission shall cancel the notification issued under sub-section (1) of section 4 in respect of such election and issue another notification under that sub-section appointing the dates referred to in that sub-section for the purposes of such fresh election.

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Presidential and Vice-presidential Elections Act, 1952 Section 14

Title: Authority to Try Election Petitions

State: Central

Year: 1952

(1) No election shall be called in question except by presenting an election petition to the authority specified in sub-section (2). (2) The authority having jurisdiction to try an election petition shall be the Supreme Court. (3) Every election petition shall be presented to such authority in accordance with the provisions of this Part and of the rules made by the Supreme Court under Article 145.

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