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General Election - Law Dictionary Search Results

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Local Government

Local Government. That part of the government of the country which, by delegation from the Imperial Government, is conducted the bodies appointed or elected to conduct it within limited areas, as parishes, boroughs, local government districts, poor law unions, petty sessional districts, county boroughs, and counties. See these titles respectively, and COUNTY COUNCIL; DISTRICT COUNCIL; PARISH COUNCIL; and BOROUGH COUNCIL.Local Government Act, 1888 (51 & 52 Vict. c. 41). The Act established county councils throughout England and Wales, and has been amended and extended by many other Acts.Transfer of Imperial Powers to County Councils.--The (English) Local Government (Transfer of Powers) Act, 1903 (3 Edw. 7, c. 15), though permissive only, extended general, tentative, unsued and almost unknown powers of decentralization which had previously been entrusted to the Local Government Board by the (English) Local Government Act, 1888. The (English) Local Government Act, 1894 (56 & 57 Vict. c. 7...


Quo warranto

Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...


London, Port of

London, Port of. The administration is provided for by the Port of London (Consolidation) Act, 1920 (10 & 11 Geo. 5, c. clxxiii.); s. 6 enacts:-(1) There shall be a chairman and vice-chairman and other members of the Port Authority elected and appointed in manner provided by this Act for the purpose of administering, preserving and improving the Port of London and otherwise for the purposes of this Act, and the several persons who now constitute and shall, from time to time constitute the Port Authority, shall notwithstanding the repeal of enactments effected by this Act, continue and be a body corporate by the name of 'the Port of London Authority, and by that name shall continue to have perpetual succession and a common seal having power to acquire and hold land for the purposes of this Act without licence in mortmain.(2) The several persons who were respectively the chairman, vice-chairman and other members of the Port Authority immediately before the passing of this Act, and shall ...


return

return 1 a : to give (an official account or report) to a superior (as by a list or statement) [ the names of all residents in the ward] [ a list of jurors] b : to bring back (as a writ, verdict, or indictment) to an office or tribunal [the sheriff must the execution…to the proper clerk within sixty days "J. H. Friedenthal et al."] [the grand jury ed six indictments] [ed a verdict of not guilty] 2 : to bring in or produce (as earnings or profit) : yield re·turn·able adj n 1 a : the delivery of a court order (as a writ) to the proper officer or court b : proof of service 2 : return day 3 : an account or formal report (as of an action performed or duty discharged or of facts and statistics) [census s] ;esp : a set of tabulated statistics prepared for general information usually used in pl. 4 a : a report of the results of balloting [election s] b : an official declaration of the election of a candidate [each house shall be the judge of the elections, s,...


Bhrashtachar

Bhrashtachar, Election speeches should be understood broad-mindedly' not literally. Election speakers often do not mean what they say, and the audience generally does not take them by their words. Even literally, 'bhrashtachar' and 'bhrashtachari' will not inevitably establish a corrupt practice, Laxminarayan v. Returning officer, (1974) 3 SCC 425: AIR 1974 SC 66 (83). [Representation of the People Act, (43 of 1951) s. 123(4)]...


Church of Scotland

Church of Scotland. The authority and jurisdiction of the Pope were abolished in 1567, and since then, except for some intervals of first, Presbytery has been the form of Church Government in Scotland. The Church has independent power to legislate and to adjudicate finally in all matters of doctrine, worship, government, and discipline within itself. Its Supreme Court is the General Assembly, which consists of ministers and elders elected by the Presbyteries, Universities, and the Royal Burghs and by the Church in India. Its sittings are attended by a Lord High Commissioner, representing the King, and it is presided over by a Moderator, who is nominated each year by a selection committee. The tenure of ecclesiastical property and endowments was reorganized by the Church of Scotland (Property and Endowments) Act, 1925 (15 & 16 Geo. 5, c. 33), the general effect of which was to transfer all ecclesiastical property and endowments, as well as the responsibility, for their maintenance and c...


Wrongful dismissal

Wrongful dismissal. A wrongful dismissal is an unjustifiable dismissal of a servant by the master from an engagement for services for a fixed time or, if upon notice, before expiration of the period of notice. The servant may elect to treat the contract as repudiated, General Bill Posting Co. v. Atkinson, 1909 AC 118; and see Measures, Ltd. v. Measures, (1910) 2 Ch 248, in which case he can recover wages actually earned on a quantum meruit [see Cutter v. Powell, (1795) 6 Term Rep 320, and Notes, Sm. L.C.], or if he treats the contract as continuing, he may sue for damages for loss of service and such wages as he has lost the opportunity of earning, taking into account the probability of finding another employment of the same kind and degree [see Brace v. Calder, (1895) 2 QB 253], but he cannot sue for a quantum meruit as well as on the contract. The custom that a domestic servant may be dismissed at any time by a month's notice or payment of a month's wages has been judicially proved, ...


Affirmation

Affirmation, a solemn declaration without oath; the being allowed to make it was an indulgence at first confined to the people called Quakers, and Moravians (9 Geo. 4, c. 32, s. 1; 3 & 4 Wm. 4, c. 49), and to Separatists (3 & 4 Wm. 4, c. 82), but was afterwards extended to all persons objecting to take an oath. See (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), s. 20; 24 & 25 Vict. c. 66 (criminal proceedings); 30 & 31 Vict. c. 35, s. 8 (jurors); and particularly the (English) Evidence Amendment Act, 1869, s. 4 (extended to evidence before arbitrators and others by 33 & 34 Vict. c. 49, s. 1), under which persons having no religious belief were first allowed to affirm, the former statutes having applied only to persons prevented by a religious belief from swearing.The Act of 1869, however, did not apply to promissory oaths, e.g., to the oath directed by the Parliamentary Oaths Act, 1866, as amended by the Promissory Oaths Act, 1868, to be taken by Members of Parliament...


Business

Business, 'business' is a word of wide import. It has no definite meaning. Its perceptions differ from private to public sector or from institutional financing to commercial banking, Mahesh Chandra v. Regional Manager Uttar Pradesh Financial Corpn., AIR 1993 SC 935 (939): (1993) 2 SCC 279. [State Financial Corporation Act, (63 of 1951), s. 24]--Business would undoubtedly be property, unless there is something to the contrary in the enactment, J.K. Trust Bombay v. CIT, (1958) SCR 65: 1957 SCJ 845: AIR 1957 SC 846.Business includes the activities carried on by any public body, Halsbury's Laws of England, Vol. 20, 4th Edn., Para 546, p. 357. The term 'business' includes every trade, occupation and profession. The word 'business' has no technical meaning, but is to be read with reference to the subject and intent of the Act in which it occurs. The term 'business' means an affair requiring attention and labour as the chief concern; mercantile pursuits, that one does for livelihood, occupati...


General Council

General Council (of the Bar), the full title of the Bar Council. See BAR COUNCIL.General Council (of the Catholic Church), a council consisting of members of the Church from most parts of the world, but not from every part, as an --cumenical Council.'The General Council of Medical Education and Registration of the United Kingdom' (Medical Act, 1858). The Medical Council, as it is commonly called, has power to settle the qualifications of medical practitioners and to strike off the register any of them convicted of felony or misdemeanour or judged guilty by the Council of 'infamous conduct in any professional respect' (s. 29), see R. v. General Medical Council, Ex parte Kynaston, (1930) 1 KB 562. The High Court has no jurisdiction to interfere with the Council's bona fide decision, Allbutt v. Medical Council, (1889) 23 QBD 400. The Council consists of five Crown nominees, twenty-two persons chosen by the same number of universities and colleges, and five persons elected by the registere...



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