Illegal Practices - Law Dictionary Search Results
Home Dictionary Name: illegal practicesIllegal practices
Illegal practices. dishonest and evil practices against law. See CORRUPT PRACTICES; CORRUPTION....
Corrupt practices
Corrupt practices. At elections these are treating, un-due influence, bribery, personation, making a false declaration as to election expenses, and incurring election expenses without the election agent's written authority. See Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), s. 3; (English) Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), ss. 1-3, 33 (7); (English) Municipal Corporations Act, 1882; (English) Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70), ss. 2, 1 (5); (English) Local Government Acts, 1888 (s. 75) and 1894 (s. 48); (English) Representation of the People Act, 1918, ss. 34, 35, 38 and (English) R. of the P. Act (No. 2), 1922. The (English) Municipal Elections (Corrupt and Illegal Practices) Act,1911, makes it an illegal practice to publish certain false statements concerning a candidate. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 79 et seq.Corrupt practices at parliame...
Bribe
Bribe, a fit to any person in office or holding a position of trust, with the object of inducing him to disregard his official duty or betray his trust for the benefit of the giver. It is a misdemeanour at common law for a public officer, whether judicial or ministerial, to accept a bribe, or for such an officer to conspire with others that he shall receive such a bribe, Rex v. Whitaker, (1914) 3 KB 1283. It has long been settled law that the secret profits of an agent belong to his principal: see De Busche v. Alt, (1878) 8 Ch D 286. The acceptance of a secret commission from the other side to a negotiation justifies the dismissal of the agent receiving it, Boston Deep Sea Fishery v. Ansell, (1888) 39 Ch D 339. The bribery of an agent avoids a contract: see Shipway v. Broadwood, (1899) 1 QB 369, where a veterinary surgeon employed to test horses by the purchaser had passed them after acceptance of a bribe from the seller. In such a case it is an immaterial inquiry to what extent the br...
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...
Public meeting
Public meeting, a meeting which any person may attend. Any number of persons may meet in any place for any lawful purpose with the consent of the owner of that place; but without such consent, and in any case in the public streets, which are lawfully used for the purpose of passing and repassing only (see the ruling of Charles, J., in the Trafalgar Square case in 1887, and Ex parte Lewis, (1888) 21 QBD 191), there is no 'right of public meeting' known to English law.Political meetings within a mile of Westminster Hall during the session of Parliament are prohibited by the Seditious Meetings Act, 1817. As a result of disturbances created by persons advocating the extension of the parliamentary franchise to women there was passed the Public Meeting Act, 1908, which by s. 1 provides as follows:-1.-(1) Any person who at a lawful public meeting acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty ...
Relief
Relief, legal remedy for wrongs, etc.; charitable assistance.A payment made by an heir of a feudal tenant to the feudal lord for privilege of succeeding to ancestor's tenancy, Black's Law Dictionary, 7th Edn., p. 1293.In the feudal law a payment made to the lord by the tenant coming into possession of an estate held under him. Abolished with other feudal grievances.Relief with respect to Election Offences. If a candidate at a parliamentary or municipal election has become responsible in respect of an election offence committed unwittingly, or which he has taken all reasonable means to prevent, he can apply or relief at the trial of an election petition, or if no petition is on the record, to the High Court, under Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), the application being usually to a Divisional Court; see Shaw v. Reckitt, (1893) 1 QB 779; 2 QB 59; and as to municipal elections under the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, ...
unfair labor practice
unfair labor practice : any of various acts by an employer or labor organization that violate a right or protection under applicable labor laws NOTE: The unfair labor practices that are specified in the National Labor Relations Act are the following: 1) the interference, restraint, or coercion of employees in the exercise of their rights by an employer; 2) domination of a labor organization by an employer; 3) encouragement or discouragement of union membership by discrimination in hiring or conditions of employment by an employer; 4) discrimination against an employee for filing charges of or testifying regarding an unfair labor practice by an employer; 5) refusal of an employer to bargain with the collective bargaining agent; 6) restraint or coercion of employers or employees by a labor organization; 7) coercion of an employer by a labor organization to discriminate against an employee; 8) refusal of a labor organization to bargain collectively with an employer; 9) engaging in ill...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
disbar
disbar : to expel from the bar or the legal profession : deprive (an attorney) of a license to practice law usually for engaging in unethical or illegal practices compare debar dis·bar·ment n ...
Illegality
Illegality, the Criminal Procedure Code, 1898 does not use the word 'illegality'. Even defects or violations that vitiate the proceedings and render them void are spoken of only as irregularities ins. 530. The word illegality was used almost for the first time in the judgment of the Privy Council, LR 28 Indian Appeals 257 (familiarly known as Subramania Aiyar's case), where they speak of a contravention of s. 234 of the Code, resulting in a misjoinder of charges, as an illegality, Willie (William) Slaney v. State of Madhya Pradesh, AIR 1956 SC 116 (134): (1955) 2 SCR 1140.The Criminal Procedure Code, 1973 does not use the word 'illegality', nor defines 'irregularity' and illegality can only mean an incurable illegality, incurable because of prejudice leading to a failure of justice, Bhoor Singh v. State of Punjab, AIR 1974 SC 1256 (1261): (1974) 4 SCC 754.Means an act that is not authorised by law, Black's Law Dictionary, 7th Edn., p. 750....
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