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Casting Vote - Law Dictionary Search Results

Home Dictionary Name: casting vote

Casting vote

Casting vote, the vote given by the chairman or president of a deliberative assembly when the 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 of Commons (though he was no vote in the first instance) has a casting vote, and by the practice of the House gives it in favour of a motion or bill, so as to give opportunity for further consideration. So has the mayor or other 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, 1888 (51 & 52 Vict. c. 41), s. 75), and the chairman of a parish meeting, or Parish Council (Local Government Act, 1894 (56 & 57 Vict. c. 73), Sched. I., Pt. 2, r. 8, and Pt. 3, r. 10). These Acts have been replaced, except in regard to London, by the Local...


vote

vote [Latin votum vow, hope, wish] 1 a : a usually formal expression of opinion or will in response to a proposed decision ;esp : one given as an indication of approval or disapproval of a proposal, motion, or candidate for office b : the total number of such votes made known at a single time [got half the ] 2 : the collective opinion or preference of a body of persons expressed by voting 3 : the right to cast a vote ;specif : the right of suffrage 4 a : the act or process of voting [brought the question to a ] b : a method of voting vb vot·ed vot·ing vi 1 a : to cast or conduct a vote [ for acquittal] b : to exercise a political franchise [encourage people to ] vt 1 : to choose, endorse, decide the disposition of, defeat, or authorize by vote [ an appropriation] 2 : to cast votes on a corporate matter on the basis of [voted their shares against the proposed merger] ...


straight voting

straight voting : a system of voting for corporate directors in which each shareholder may cast one vote for each share of stock owned for each seat in contention compare cumulative voting ...


Voting

Voting, voting is formal expression of will or opinion by the person entitled to exercise the right on the subject or issue in question. In Black's Law Dictionary it is explained as, 'the expression of one's will, preference, or choice, formally mani-fested by a member of a legislative or deliberative body, or of a constituency or a body of qualified electors, in regard to the decision to be made by the body as a whole upon any proposed measure or proceeding or in passing laws, rules or regulations, or the selection of an officer or representative'. Right to vote means right to exercise the right in favour of or against the motion or resolution. Such a right implies right to remain neutral as well, Lily Thomas, Advocate v. Speaker, Lok Sabha, (1993) 4 SCC 234.The casting of votes for the purpose of residing an issue, Black's Law Dictionary, 7th Edn., p. 1571...


Speaker of the House of Commons

Speaker of the House of Commons. This great officer is the organ or spokesman of the Commons; in modern times he is more occupied in presiding over the deliberations of the House than in delivering speeches on their behalf. The principal duties of the Speaker are the following:-To preside, as Chairman of the House, at its debates when not in committee; to give a casting vote, when the votes are equal, which according to practice he gives in favour of a motion or bill (he has no original vote); to read to the sovereign petitions or addresses from the Commons, and to deliver in the royal presence, whether at the palace or in the House of Lords, such speeches as are usually made on behalf of the Commons; to reprimand persons who have incurred the displeasure of the House; to issue warrants of committal or release for breaches of privilege; and to communicate in writing with any parties, when so instructed by the House. In the case of Bills introduced under the provisions of the (English) ...


Returning Officer

Returning Officer, the official who conducts an election. The Representation of the People Act, 1918, s. 28, provides that in parliamentary elections the sheriff shall be the returning officer in counties, and in parliamentary boroughs which have a sheriff and in other boroughs the mayor, or in some cases the chairman of the council. As to returning officers at university elections, see Sch. V., Part I., s. 1. As to county council, municipal, parish council, rural district, and urban district elections, see the same Act as amended by the (English) R.P. Act, 1922, and (English) Local Government Act, 1933.The same Acts provide that the duties of the return-ing officer are to be discharged by the registration officer (see REGISTRATION OF ELECTORS). In parliamentary elections the returning officer, if registered, is to have the casting vote but no other vote, by the Parliamentary Elections (Returning Officers Act, 1875 (38 & 39 Vict. c. 84)...


Scheduled caste

Scheduled caste, article 341 makes it clear that a 'Scheduled Caste' need not be a 'caste' in the conventional sense and, therefore, may not be a caste within the meaning of Article 15(2) or 16(2). Scheduled Castes become such only if the President specifies any castes, races or tribes or parts or groups within castes, races or tribes for the purpose of the Constitution. So, a group or a s. of a group, which need not be a caste and may even be a hotchpotch of many castes or tribes or even races, may still be a Scheduled Caste under Article 341. Likewise, races or tribal communities or parts thereof or part or parts of groups within them may still be Scheduled Tribes (Article 342) for the purpose of the Constitution. Under this definition, one group in a caste may be a Scheduled Caste and another from the same caste may not be. It is the socio-economic backwardness of a social bracket, not mere birth in a caste, that is decisive. Conceptual errors creep in when traditional obsessions ob...


Cast iron

Cast iron, 'Cast iron' is defined in the Concise Oxford Dictionary as 'a hard alloy of iron, carbon and silicon cast in a mould'. According to New Lexicon Webster's Dictionary of English Language, the word 'cast iron' means 'an iron-carbon alloy produced in a blast furnace. It contains up to 4% carbon, and is more brittle, but more easily fused, than steel'. According to Van Nostrand's scientific Encyclopedia, 'cast iron' is 'primarily the product of remelting and casting pig iron'. (Interestingly, the expression 'cast-iron' - with a hyphen between 'cast' and 'iron' - has been defined separately as meaning 'made of cast iron', Bengal Iron Corpn. v. CTO, 1994 Supp (1) SCC 310: AIR 1993 SC 2414 (2417). [A.P. General Sales Tax Act, (6 of 1957)]Cast iron casting in its basic or rough form just be held to be 'cast iron'. But, if thereafter any machining or polishing or any other process is done to the rough cast iron casting to produce things like pipes, manhole covers or bends, these canno...


Scheduled castes and scheduled tribes

Scheduled castes and scheduled tribes, it is an accepted fact that members of the Scheduled Castes and Tribes are by the large backward in comparison with other communities in the country. This is the result of historical cause, T. Devadasan v. Union of India, AIR 1964 SC 179: (1964) 4 SCR 680.(ii) Scheduled castes and scheduled tribes are not a caste within the ordinary meaning of caste. Scheduled Castes and tribes are descriptive of backwardness. It is the aim of our Constitution to bring them up from handicapped position to improvement. No Court can come to a finding that any cast or any tribe is a Scheduled Caste or Scheduled tribes. Scheduled Caste is a caste as notified under Article 366(25), State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906.Scheduled Castes and Scheduled Tribes, shall have the meanings respectively assigned to them in the clauses (24) and (25) of Art. 366 of the Constitution of India; Maharashtra State Public Services (Reservati...


Speaker of the House of Lords

Speaker of the House of Lords. The Lord Chancellor, by virtue of his office, becomes, on the delivery of the seal to him by the sovereign, Speaker of the House of Lords. He is usually, but not necessarily, a peer, and unlike the Speaker of the House of Commons is under no obligation to preserve an impartial attitude, since he is a member of the Government for the time being. There has always been a Deputy Speaker, and formerly there were two or more, but since the year 1815 there has been only one. The chairman in committees generally fills the office. In the absence of the Lord Chancellor and of the Deputy Speaker, it is competent to the House to appoint any noble lord to take the woolsack. The Speaker is the organ or mouthpiece of the House, and it therefore is his duty to represent their lordship in their collective capacity, when holding intercourse with other public bodies or with individuals. He has not a casting vote upon divisions, for should the numbers prove equal, the non-co...


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