Effective Representation - Law Dictionary Search Results
Home Dictionary Name: effective representationEffective representation
Effective representation, If a procedure under Article 21 has to be reasonable, fair and just, then the words 'effective representation' appearing in Article 22(5) must be construed so as to provide a real and meaningful opportunity to the detenu to explain his case to the detaining authority in his representation. If the words 'effective representa-tion' are interpreted in an artificial or fanciful manner, then it would defeat the very object not only of Article 22(5) but also of Article 21 of the Constitution, Kamla Kanhaiyalal Khushalani v. State of Maharashtra, (1981) 1 SCC 748: AIR 1981 SC 814 (816): (1981) 2 SCR 459. [Constitution of India, Arts. 21 and 22(5)]...
ineffective assistance of counsel
ineffective assistance of counsel :representation of a criminal defendant that is so flawed as to deprive the defendant of a fair trial [claimed ineffective assistance of counsel following his conviction] called also ineffective assistance NOTE: Ineffective assistance of counsel is a violation of the guarantee of the assistance of counsel that is provided in the Sixth Amendment to the U.S. Constitution. A claim of ineffective assistance of counsel may be brought as a result of government interference with the attorney-client relationship that precludes effective representation, as when an informant is present during conversations between the attorney and the defendant. The existence of a conflict of interest on the part of the attorney may also be the basis for a claim. Most claims are, however, based on the attorney's failure to provide competent representation. Competent representation does not require the best representation, only a performance that is reasonable under prevailin...
Indecent representation of women
Indecent representation of women, means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals.[Indecent Representation of Women (Prohibition) Act, 1986 (60 of 1986), s. 2 (c)]...
Communicate
Communicate, means that sufficient knowledge of the basic facts constituting the 'grounds' should be imparted effectively and fully to the detenu in writing in a language which he understands, Lallubhai Jogibhai Patel v. Union of India, (1981) 2 SCC 427 (733): AIR 1981 SC 728: (1981) 2 SCR 352. [Constitution of India, Art. 22(5)]It is a strong word. It requires that sufficient knowledge of the basic facts constituting the grounds should be imparted effectively and fully to the detenu in writing in a language which he understands, so as to enable him to make a purposeful and effective representation. Kubic Darusz v. Union of India, AIR 1990 SC 605 (609): (1990) 1 SCC 568: (1990) 1 SCR 98. [Constitution of India, Art. 22(5)]...
Representation
Representation, by public bodies, associations or individuals ventilating individual grievances are considered by Petitions Committee of Lok Sabha. Representations in the form of letters, telegrams, copies of resolutions are treated as representation and considered by the Petitions Committee, representations relating to the proceedings in the House or conduct of member are also considered by Petitions Committee Practice and Procedures of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, P. 964.Representation, is a description, account or state-ment of facts or arguments intended to influence action or make protest, Webster American Dictionary, p. 1235.Representation, means a statement regarding a fact, A Dictionary of Law, Willium C. Anderson, 1889, p. 882.Representation, standing in the place of another for certain purposes, as heirs, executors, or administrators. See EXECUTOR; ADMINISTRATOR; PERSONAL REPRESENTATIVE; REAL REPRESENTATIVE.A presentation of fact-either by words or...
Afford him earliest opportunity of making representation
Afford him earliest opportunity of making representation, 'Afford him earliest opportunity of making representation' The fact that the earliest opportunity'has to be afforded to the detenu for making representation against the detention order necessarily implies that as and when the representation is made, it should be dealt with promptly, Bimal Chandra Dutta v. State of West Bengal, AIR 1972 SC 2605 (2606). [Constitution of India, Art. 22(5)]...
Grounds
Grounds, 'Grounds' within the contemplation of s. 8(1) of the Maintenance of Internal Security Act, 1971 means 'materials' on which the order of detention is primarily based. Apart from con-clusions of facts, 'grounds' have a factual constituent, also. They must contain the pith and substance of primary facts but not subsidiary facts or evidential details. This requirement as to the communication of all essential constituents of the grounds, Vakil Singh v. State of J&K, AIR 1974 SC 2337: (1975) 3 SCC 545.Grounds mean all the basic facts and materials which have been taken into account by the detaining authority in making the order of detention and on which therefore, the order of detention is based, Khudiram Das v. State of West Bengal, AIR 1975 SC 550: (1975) 2 SCC 81: (1975) 2 SCR 832.'Grounds' in Article 22(5) do not mean mere factual inferences but mean factual inferences plus factual material which led to such factual inferences. The 'grounds' must be self-sufficient and self-expl...
Proportional representation
Proportional representation , is a system of voting deliberately designed to ensure that as far as practicable the different shades of opinion in a country shall receive a fair representation in the elected assembly i.e. a representation proportionate to their relative strength, UNESCO Report, p. 551.Means a method of representation designed to secure the election of candidates in proportion to the numerical strength of each section of political opinion thus accurately reflecting the political feeling of the country in Parliament, Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundy, p. 602....
Vagueness
Vagueness, 'vagueness' is a relative term, and varies according to the circumstances of each case, but if the statement of facts contains any ground of detention which is such that it is not possible for the detenu to clearly understand what exactly is the allegation against him, and he is thereby prevented from making an effective representation, it does not require much argument to hold that one such vague ground is sufficient to justify the contention that his fundamental right under clause (5) of Article 22 of the Constitution has been violated and the order of detention is bad for that reason alone, Mohd. Yusuf Rather v. State of Jammu and Kashmir, AIR 1979 SC 1925: (1979) 4 SCC 370: (1980) 1 SCR 258. [Constitution of India, Art. 22(5)]1. Uncertain breadth of meaning 2. Loosely, ambiguity, Black's Law Dictionary, 7th Edn., p. 1548....
fair representation
fair representation : a union's representation in good faith of all employees within the bargaining unit without unfairly discriminating against any ...
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