Disqualification - Law Dictionary Search Results
Home Dictionary Name: disqualificationdisqualification
disqualification 1 : something that disqualifies or incapacitates 2 : the act of disqualifying : state of being disqualified [ of a juror for bias] ...
Disqualification
The act of disqualifying or state of being disqualified want of qualification incompetency disability as the disqualification of men for holding certain offices...
Defection
Defection, entails disqualification of a member of an Indian Legislature, Constitution of India, Art. 102, 10th Sch.Disqualification, does not apply in case of a merger of his party with another political party but not in case of a split in the original party, Constitution of India, 10th Sch., paras 4 & 5.Speaker, Deputy Speaker of Lok Sabha, Chairman, Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of a State Legislative Assembly and Chairman and Deputy Chairman of Legislative councils of State are exempted from disqualification as long as he holds that office and does not join any other party, Law of Elections, P.D.T. Achary, 2004, p. 190.Decision on questions, as to disqualification on ground of defection shall be of the Speaker of the Chairman, as the case may be, of the House to which the member belongs, the question of disqualification of the Speaker or the Chairman shall be decided by a member to be elected by that House, no Court has any jurisdiction in the matter of...
House of Commons
House of Commons, one of the constituent parts of Parliament, being the assembly of knights of shires, or the representatives of counties; citizens, or the representatives of cities; and burgesses, or the representatives of boroughs.The lowest chamber of British and Canadian Parlia-ment, Black's Law Dictionary, 7th Edn., p. 744.Property Qualification.--The property qualification of members, which was by 1 & 2 Vict. c. 48, amending 9 Anne, c. 5, by allowing personal property to count fixed at 600l. a year for a county, and 300l. a year for a borough member, was abolished in 1858 by 21 & 22 Vict. c. 26.Payment of Members.--Members were from very early times entitled to payment at the rate of 4s. a day for county, and 2s. a day for borough members, payable by their constituents. This has never been abolished, and is recognized by the unrepeated 6 Hen. 8, c. 16, by which members may not depart from Parliament without licence from the Speaker on pain of losing their 'wages,' though 35 Hen. ...
Alnet, De
Alms. Charitable contributions. The receipt of parochial relief or other alms was a disqualification for the parliamentary franchise in boroughs by s. 36 of the Reform Act, 1832 (2 & 3 Will. 4, c. 45), and in counties by s. 40 of the Representation of the People Act, 1867 (30 & 31 Vict. c. 102), while by s. 9 of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), it was also a disqualification for the municipal franchise; but s. 9(1) of the Representation of the People Act, 1918, provides that a person shall not be disqualified from voting at a parliamentary or local government election because he or his dependants have received poor relief or other alms...
Election Commission
Election Commission, 'Election Commission' means the Election Commission referred to in Article 324. [Government of National Capital Territory of Delhi Act, 1991 (1 of 1992), s. 2(d)]Means the Election Commission appointed by the President under article 324. [Representation of the People Act, 1950, s. 2 (d)]The Chief Election Commissioner can be removed only in the like manner and on the like grounds as a Judge of a Supreme Court; his conditions of service cannot be varied to his disadvantage after his appointment. An Election Commissioner or Regional Commissioner can be removed from office only on the recommendations of the Chief Election Commissioner. [Constitution of India, Art. 394(5)]Is a Constitutional body in India, created for the pur-pose of holding elections to Parliament, State Legislatures and Offices of President and Vice-President. [Constitution of India, Art. 324]Can disqualify a person for six years from voting on ground of conviction for certain offences. [Representati...
Ineligibility
Ineligibility, Ineligibility must flow from a specific provision of law designed to deny eligibility or to lay down disqualification. If a rule of conduct makes it undesirable, objectionable or punishable for an employee to participate in elections to a local authority, it is a distortion, even an exaggeration out of proportion, of that provision to extract out of it a prohibition of a citizen's franchise to be member in the shape of a disqualification from becoming a member of a local authority, Manohar Nathu Rao Sarasth v. Marotrao, AIR 1979 SC 1084 (1088): (1979) 4 SCC 93....
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
propter defectum
propter defectum [Medieval Latin] : because of a defect (as residence or relationship) [the disqualification of a juror propter defectum] ...
rule of necessity
rule of necessity :a rule permitting or requiring a judge or other official to adjudicate a case despite bias or personal interest when disqualification would result in the lack of any competent tribunal ...
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