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Casting vote

suffrages of the meeting are equal. The chairman, though not disqualified by law from voting, Nell v. Longbottom, 1894 (1) QB 767, is usually not entitled to vote in the first instance. The Speaker of the House … chairman at a meeting of a town council (English) (Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), s. 22, and Sched. II., r. 11), and the Chairman of a (English) Country Council (Local) Government Act,

Bias

the Judge unable to exercise impartiality in a particular case, State of West Bengal v. Shivananda Pathak, (1998) 5 SCC 513: AIR 1998 SC 2050 (2056). A predisposition to decide for or against one party without proper … justice, Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar, AIR 2001 SC 24. [Constitution of India, Arts. 226, 14] Bias may be defined as a pre-conceived opinion or a pre-disposition or pre-determination to decide a case or

Complaint

not in the presence of the accused is admissible as evidence, see R. v. Osborne, (1905) 1 KB 551, and as to statements made in the presence of the accused, see R. v. Norton, (1910) 2 KB

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Penalty

an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126. 1. A sum agreed to be paid on non-performance of the condition of a bond. See

Power

that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157. Power, is an authority reserved by, or limited to, a person to dispone, either wholly … of the testators direction being defective from uncertainty, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478. Means the ability to do something or to act in a particular way, Raja Ram

Betting

virtue of s. 18 of the (English) Gaming Act, 1845, and the (English) Gaming Act, 1892 (55 & 56 Vict. c. 9). The latter statute gets rid of the decision in Real v. Anderson, (1884) 13 QBD … Betting. For definition and for s. 18 of the (English) Gaming Act, 1845 (8 & 9 Vict. c. 109), see WAGER. Bets are irrecoverable at

Lottery

contrary to law; and the (English) Gaming Act, 1802 (42 Geo. 3, c. 119), imposes a penalty of 500l. on any person keeping any place for any lottery' not authorized by Parliament' for as lotteries were found … Lottery, a game of chance; a distribution of prizes by lot or chance, Taylor v. Smetten, (1883) 11 QBD 207. By 10 & 11 Wm. 3, c. 17, Chitty's Statutes, tit. 'Games,' all lotteries were declared

Criminal Evidence Act

Rouse, (1904) 1 KB 184; R. v. Bridgwater, (1905) 1 KB 131; R. v. Preston, (1909) 1 KB 568] 'on the character of the prosecutor or of the witnesses for the prosecution'; or (iii.) he has given

Factory

expression 'factory', Osmania University v. Regional Director, Employees' State Insurance Corpn., AIR 1986 SC 466: (1985) 4 SCC 514. [Employees' State Insurance Act, (34 of 1948), s. 2(12)] 'Factory' means any premises including the pre-cincts thereof whereon … the convenience of trade; also a building in which goods are manufactured. In the Factory and Workshop Act, 1901, 'Factory' means by s. 149 'textile factory and non-textile factory, or either of those descriptions of factories.' The

Mens rea

is obeyed and that if he fails to do so he does so at his peril--WILLS, J., R. v. Tolson, (1889) 23 QBD 173. See also BRETT, J., R. v. Prince, (1875) LR 2 CCR 163; Monsell … he fails to do so he does so at his peril--WILLS, J., R. v. Tolson, (1889) 23 QBD 173. See also BRETT, J., R. v. Prince, (1875) LR 2 CCR 163; Monsell Bros. Ltd. v. L. &

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