Improper Acceptance - Law Dictionary Search Results
Home Dictionary Name: improper acceptanceImproper acceptance
Improper acceptance, It would have been an im-proper acceptance, if the want of qualification was apparent on the electoral roll itself or on the face of the nomination paper and the Returning Officer overlooked that defect or if any objection was raised and enquiry made as to the absence of qualification in the candidate and the Returning Officer came to a wrong conclusion on the material placed before him, Durga Shanker Mehta v. Raghuraj Singh, AIR 1954 SC 520 (524): (1955) 1 SCR 267. [Representation of the People Act, 1951, s. 100(1) (c)]...
Improper reception, refusal or rejection
Improper reception, refusal or rejection, When it is said that there is improper refusal of any vote it implies again two things, viz., a vote which ought to have been accepted as valid vote has been improperly refused as an invalid vote. The expression 'refuse to accept' and the expression 'reception' implies 'refusal' implies 'refuse to reject', S. Raghbir Singh Gill v. S. Gurcharan Singh Tohra, AIR 1980 SC 1362: (1980) Supp SCC 53: (1980) 3 SCR 1302....
Improper legal advice and wrong legal advice
Improper legal advice and wrong legal advice, Giving of improper legal advice is different from giving of wrong legal advice. While the former may amount to professional misconduct, the latter may not be so. It is against professional etiquette for a lawyer to give improper legal advice with an ulterior object. It is unworthy that an advocate should accept employment with such motive, or so long as his client has such understanding of his purpose. It is professionally improper for a member of the bar to prepare false documents or to draw pleadings knowingly that the allegations made are untrue of his knowledge, Pandurang Dattatraya Khandekar v. Bar Council of Maharashtra, AIR 1984 SC 110: (1984) 1 SCR 414: (1984) 2 SCC 556....
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...
Improper
Not proper not suitable not fitted to the circumstances design or end unfit not becoming incongruous inappropriate indecent as an improper medicine improper thought behavior language dress...
Improperly rejected
Improperly rejected, The word 'improper' which occurs in both s. 100(1)(c) and s. 100(1)(d)(i) of Representation of the People Act, 1951, must bear the same meaning in both the provisions, unless there is something in the context to the contrary, N.T. Veluswami Thevar v. G. Raja Nainar, AIR 1959 SC 422 (427): (1959) Supp (1) SCR 623....
Acceptance
Acceptance, the taking and receiving of anything in good part, and as it were a tacit agreement to a preceding act, which might have been defeated or avoided if such acceptance had not been made, Jac. Law Dict.The assenting to an offer: it is by the acceptance, whether express or implied, of an offer that all contracts are made. See CONTRACT, AGREEMENT.Acceptance of a bill of exchange is defined by the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. C. 61), s. 17, as 'the signification by the drawee of his assent to the order of the drawer.' It must be written on the bill, and signed by the drawee, whose mere signature is sufficient to charge him: and it must not express that the drawee will perform his promise by any other means than the payment of money, Ib. See BILL OF EXCHANGE.Means communicated acceptance, Ashok Kumar Sahu v. Union of India, (2006) 6 SCC 704....
Acceptance of bill of exchange
Acceptance of bill of exchange, 'Acceptance' in regard to a bill of exchange does not'mean 'taking' or 'receiving'. Acceptance of a bill of exchange is the signification by the drawee of his assent to the order of the drawer. It is the act by which the drawee evinces his consent to comply with, and be bound by, the request contained in a bill of exchange directed to him, and is the drawee's agreement to pay the bill when it falls due. In commercial parlance acceptance of a bill of exchange is the drawee's signed engagement to honour the draft as presented, American Express Bork Ltd. v. Calcutta Steel Co., (1993) 2 SCC 199 (207). [Negotiable Instruments Act, 1881, ss. 7, 32, 33]...
Acceptance of goods
Acceptance of goods. By s. 4 of the (English) Sale of Goods Act, 1893 (56 & 57 Vict. C. 71), a contract for sale of goods of the value of 10' or more is not enforceable by action unless the buyer 'accept' part of the goods and actually receive them, or partly pay, or unless there be a note or memorandum in writing of the contract signed by the party to be charged, and there is an acceptance 'when the buyer does any act in relation to the goods which recognizes a pre-existing contract of sale whether there be an acceptance in performance of the contract or not.'...
Approval and Acceptance
Approval and Acceptance, -- Expression 'approval' presupposes an existing order. 'Acceptance' means communicated acceptance. A distinction exists between the expressions 'approval' and 'acceptance', Ashok Kumar Sahu v. Union of India, AIR 2006 SC 2879. [All India Services Act, 1951, s. 3]...
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