Election Dispute - Law Dictionary Search Results
Home Dictionary Name: election dispute Page 1 of about 18 results (0.004 seconds)Election dispute
Election dispute, An election dispute is not a private feud between one individual and another. The whole constituency is intimately involved in such a dispute. Shaky and wavering oral testimony of a handful of witnesses cannot still the dominant voice of the majority of an electorate, Kanhaiyalal v. Mannalal, (1976) 3 SCC 646: AIR 1976 SC 1886: (1976) 3 SCR 808....
Collective litigation
Collective litigation, a phrase coined by Justice Iyer to denote and classify election disputes. According to him election disputes are not strictly disputes between two parties. The whole electorate is vicariously before the court. [Mohinder Singh v. Election Commissioner, AIR 1978 SC 851 (861), para 15]. (Justice V.R. Krishna Iyer)...
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Right to elect
Right to elect, a right to elect, fundamental though it is to democracy, is, anomalously enough, neither a fundamental right nor a common law right. It is pure and simple, a statutory right. So is the right to be elected. So is the right to dispute an election. Outside of statute, there is no right to elect, no right to be elected and no right to dispute an election. Statutory creations they are, and therefore, subject to statutory limitation, Jyoti Basu v. Debi Ghosal, AIR 1982 SC 983: (1982) 1 SCC 691: (1982) 3 SCR 318...
Ballot
Ballot [fr. balla, Ital.; balle, Fr.], a little ball or ticket used in giving votes.Means a small ball or ticket used for indicating a vote; the system of choosing persons for office by marking a paper or by drawing papers with names on them from a receptacle; the formal record of a person's vote, Black Law Dictionary, 7th Edn., p. 138.Means a system of voting involving secret votes, Monsanto PLC v. TGWU, (1987) 1 All ER 358; Post Office v. UCW, (1990) 3 All ER 199.Means small ball, ticket or paper used in secret voting, Oxford Concise Dictionary, p. 89.Means a ticket, paper, etc., by which a vote is registered, Webster Dictionary of Law, p. 113.Means drawing of lots used in Parliament to determine the precedence among members desiring a share of Parliamentary time available for certain kinds of business, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, (1956), p. 21.Ballot, in House of Commons ballots are held to allot the limited available in Parliament to private members, Pa...
Materially affected
Materially affected, What s. 100 requires is that the High Court before it declares the election of a returned candidate is void should be of opinion that the result of the election insofar as it concerns a returned candidate has been materially affected by the improper acceptance of any nomination. It is not intended to provide a convenient technical plea in a case like this where there can be no dispute at all about the election being materially affected by the accepted of the improper nomination. 'Materially affected' is not a formula that has got to be specified but it is an essential requirement that is contemplated in this section, Durai Muthuswami v. N. Nachiappan, AIR 1973 SC 1419: (1973) 2 SCC 45: (1974) 1 SCR 40.These words indicate that the result should not be judged by the mere increase or decrease in the total number of votes secured by the returned candidate but by proof of the fact that the wasted votes would have been distributed in such a manner between the contesting...
shareholder control agreement
shareholder control agreement : a written unanimous agreement of shareholders that transfers control of specified areas of corporate governance (as election of directors and officers, issue of dividends, employment of shareholders, or arbitration of disputes) from directors and officers to the shareholders ...
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
To stand or not to stand as a candidate
To stand or not to stand as a candidate, a person who has been or claims to have been duly nominated as a candidate as any election and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate. The first part of the definition requires that in order to be a candidate a person should have been duly nominated as a candidate. But it may sometimes happen that though a person claims to have been duly nominated, the validity of his nomination is in dispute: such a person would also be a candidate within the meaning of the definition. The basic postulate of the first part of the definition is that a person should be duly nominated and it is only then that he becomes a candidate at an election. The second part of the definition does not extend the meaning of the word 'candidate' but merely says from what point of time a person, who has been duly nominated as a candidate, shall be deeme...
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