Having Been Nominated - Law Dictionary Search Results
Home Dictionary Name: having been nominatedHaving been nominated
Having been nominated, oath or affirmation cannot be taken or made by a candidate before he has been nominated as a candidate, Pashupati Nath Singh v. Harihar Prasad Singh, AIR 1968 SC 1064: (1968) 2 SCR 812 [Constitution of India, Sch III Form III]...
Which ought to have been passed
Which ought to have been passed, the expression 'which ought to have been passed' means 'which ought in law to have been passed', Gini Ram v. Ramji Lal, AIR 1969 SC 1144 (1147). [Civil Procedure Code (1908), O. 41, R. 33]...
Deemed to have been executed
Deemed to have been executed, that a deed which had been sealed by a corporation aggregate in accordance with that section should be 'deemed to have been executed, Bolton Metropolitan Borough Council v. Torkington, (2004) 2 WLR 426 [Law of Property Act, 1925, s. 74(1)]...
Found to have been guilty
Found to have been guilty, the phrase 'found to have been guilty' in s. 9(1) (d) is construed in the context of clause (a) of s. 17(1), it will mean 'found to have guilty at the time of election, and immediately preceding the election', Banwari Das v. Sumer Chand, (1974) 4 SCC 817, AIR 1974 SC 1032 (1036). [Delhi Municipal Corporation Act, 1957, ss. 9(1) (d) and 17]...
Affairs of a company have been completely wound up
Affairs of a company have been completely wound up, The phrase 'the affairs of a company have been completely wound up' significant. It shows that the expressions 'winding up of a company' and 'winding up of the affairs of a company' convey the same sense, for we think that the phrase 'the affairs of a company' means the business affairs of the company, The Neptune Assurance Company Ltd. v. Union of India (1973) 2 SCR 940: AIR 1973 SC 602: (1973) 1 SCC 310. [General Insurance (Emergency Provisions) Act (17 of 1971) s. 15(a)]...
May have been allowed to officiate continuously
May have been allowed to officiate continuously, The words 'may have been allowed to officiate continuously' in clause (e) of Rule 16 mean actual and continuous officiation and not a fortuitous or fictional officiation. A notional construction of the clause would lead to anomalous results, State of Bihar v. Madan Mohan Prasad, AIR 1976 SC 404: (1976) 1 SCC 529: (1976) 3 SCR 110. [Bihar Superior Judicial Service Rules, R. 16 (e)]...
When the goods should have been delivered
When the goods should have been delivered, the date when the goods should have been delivered for the purpose of the Third Clause of the 6th paragraph of Art. III of the Act is the date when the ship by which the goods were contracted to be carried has left the port at which delivery was to be made, East & West Steamship Co. Ltd. v. S.K. Ramalinga, AIR 1960 SC 1058 (1067). [Carriage of Goods by Sea Act, 1925, Sch. Art. III para 6, Clause 3]...
Candidate
Candidate [fr. Candidatus, Lat., clothed in white], a competitor, one who solicits or proposes himself for a place or office. The name is derived from the toga candida in which competitors at Rome were habited. In the (English) Corrupt Practices Acts the expression has a specially extensive meaning. Corrupt and Illegal practices (English) Prevention Act, 1883, s. 63, by which, with a saving for a person nominated without his consent-In the Corrupt Practices Prevention Acts, as amended by this Act, the expression 'candidate at an election' and the expression 'candidate' respectively mean, unless the context otherwise requires, any person, elected to serve in Parliament at such election, and any person who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate on or after the day of the issue of the writ for such election, or after the dissolution or vacancy in consequence of which such writ has been issued.Making certain false statements a...
The result of the election has been materially affected
The result of the election has been materially affected, these words seems to us to 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 candidates as would have brought about the defeat of the returned candidate, Vashisht Narain Sharma v. Dev Chandra, AIR 1954 SC 513 (515). [Representation of the people Act, 1951, s. 100(1)(c)]...
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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