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Home Dictionary Name: member Page: 4Defection
Defection, entails disqualification of a member of an Indian Legislature, Constitution of India, Art. 102, 10th Sch.Disqualification, does not apply in case of a merger of his party with another political party but not in case of a split in the original party, Constitution of India, 10th Sch., paras 4 & 5.Speaker, Deputy Speaker of Lok Sabha, Chairman, Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of a State Legislative Assembly and Chairman and Deputy Chairman of Legislative councils of State are exempted from disqualification as long as he holds that office and does not join any other party, Law of Elections, P.D.T. Achary, 2004, p. 190.Decision on questions, as to disqualification on ground of defection shall be of the Speaker of the Chairman, as the case may be, of the House to which the member belongs, the question of disqualification of the Speaker or the Chairman shall be decided by a member to be elected by that House, no Court has any jurisdiction in the matter of...
Expunction
Expunction, when a member uses objectionable words, the Speaker asks the member to withdraw them. If the member refuses to withdraw the words, he orders expunction of such remarks. However, on many occasions, Speaker enlarged the scope of the rule and expunged words prejudicial to national interest, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 2004.In India, if the Speaker is of the opinion that a member has used defamatory or indecent or unparliamentary or undignified expressions, exercising his discretion, Speaker orders that such words be expunged from the proceedings of the House, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 380....
Peer
Peer, an equal; one of the same rank; a member of the House of Lords, as either Duke, Marquis, Earl, Viscount, or Baron, or Scots or presumably Irish representative peer, although the status of Irish representative peers is apparently undecided owing to the establishment of the Irish Free State. The king cannot create a dignity with a mesne between baron and baronets (Co. Litt. 16, b, Hargrave note 8).A member of the House of Lords cannot become a member of the House of Commons, nor can be vote at an election to that House, Earr Beauchamp v. Madresfield, (1872) LR 8 CP 245, although an Irish non-representative peer (Lord Rendlesham v. Haward, (1873) LR 9 CP 252); but an Irish non-representative peer may, presumably, be elected a member of the House of Commons for any seat in Great Britain. A peer cannot surrender his dignity to the king so as to affect the rights of his descendants therein (The Norfolk Earldom, 1907, AC 10). See Jac. Law Dict.; Co. Litt. 160.Under the rule, established...
Chiltern hundreds
Chiltern hundreds. A member of the House of Commons cannot resign his seat. He may, however, become disqualified by acceptance of an office of profit under the Crown. A member therefore usually vacates his seat by the acceptance of the stewardship of the Chiltern Hundreds, or some other nominal office in the gift of the Chancellor of the Exchequer. The practice began about the year 1750; but the duties and profits of the stewardship have long since ceased, and the office is only retained to serve this particular purpose. The Chiltern Hills, a range of chalk eminences separating the counties of Bedford and Hertford, were formerly covered with thick beechwood, and sheltered numerous robbers; to put these marauders down, and protect the inhabitants of the neighbourhood from their depredations, an officer was appointed under the Crown called the Steward of the Chiltern Hundreds, which were Burnham, Desborough and Stoke.The Crown, for the convenience of the House at large, is ordinarily rea...
Persona designata
Persona designata, a persona designata, is 'a person who is pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character.' (See Osborn's Concise Law Dictionary, 4th Edn., p. 253). In the words of Schwabe, C.J. In Parthasarathi Naidu v. Koteswara Rao, ILR 47 Mad 369: (AIR 1924 Mad 561) (FB), personae designate are 'persons selected to act in their private capacity and not in their capacity as Judges', Central Talkies v. Dwarka Prasad, AIR 1961 SC 606 (609): (1961) 3 SCR 495; see also Mukri Gopalan v. Cheppilat, (1995) 5 SCC 5: AIR 1995 SC 2272.Persona designata, connotes person pointed out by name or other personal description in contradis-tinction to one whose identity is to be ascertained by the office which he holds. So then, where a person is indicated in statute not by name but by an official designation a question will arise whether the intention was to single him out as a persona designata, Ram Chandra ...
Marumakkattayam law
Marumakkattayam law, means the system of law applicable to persons--(a) who, if this Act had not been passed, would have been governed by the Madras Marumakkattayam Act, 1932 (XXII of 1933); the Travancore Nayar Act (II of 1100); the Travancore Ezhava Act (III of 1100); the Travancore Nanjinad Vellala Act (VI of 1101); the Travancore Kshatriya Act (VII of 1108); the Travancore Krishnanvaka Marumakkathayee Act (VII of 1115); the Cochin Marumakkathayam Act (XXXIII of 1113); or the Cochin Nayar Act (XXIX of 1113), with respect to the matters for which provision is made in this Act; or(b) who belong to any community, the members of which are largely domiciled in the State of Travancore-Cochin or Madras as it existed immediately before the 1st November, 1956, and who, if this Act had not been passed, would have been governed with respect to the matters for which provision is made in this Act by any system of inheritance in which descent is traced through the female line; but does not includ...
Grievous hurt
Grievous hurt, Grievous hurt.-- The following kinds of hurt only are designated as 'grievous':First.--Emasculation.Secondly.--Permanent privation of the sight of either eye.Thirdly.--Permanent privation of the hearing of either ear.Fourthly.--Privation of any member or joint.Fifthly.--Destruction or permanent impairing of the powers of any member or joint.Sixthly.--Permanent disfiguration of the head or face.Seventhly.--Fracture or dislocation of a bone or tooth.Eigthly.--Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits. (Penal Code, 1860, s. 320)Means:(a) emasculation;(b) permanent privation of the sight of either eye;(c) permanent privation of the hearing of either ear;(d) privation of any member of joint;(e) destruction or permanent impairing of the powers of any member or joint;(f) permanent disfiguration of the head or face; or(g) any hurt which endangers life. [Parsi M...
Sedition
Sedition, an offence against the Crown and govern-ment, not capital, and not amounting to treason. It cannot be tried at Quarter Sessions. See the (English) Unlawful Assemblies Act, 1799 (39 Geo. 3, c. 79); the (English) Seditious Meetings Act, 1817 (57 Geo. 3, c. 19), jointly called the '(English) Corresponding Societies Acts,' and much resembl-ing one another. Registered friendly societies are exempted by s. 32 of the (English) Friendly Societies Acts, 1896 (59 & 60 Vict. c. 25), if transact-ing no business not relating to the objects of the societies; and the (English) Criminal Libel Act, 1819 (60 Geo. 3 & 1 Geo. 4, c. 8). By the (English) Act of 1817, s. 23, which has no parallel in the Act of 1799, political meetings of more than fifty persons within one mile of Westminster Hall, except for parliamentary election purposes, are declared unlawful on any day on which Parliament is sitting. By s. 25 of the Act of 1817, and s. 2 of the Act of 1799, every society or club, the members of...
Quorum
Quorum (of whom), the number of members of an administrative or judicial body whose presence is necessary for the acts of the body to be valid; e.g., of a County Borough Licensing Committee, which consists of not less than seven members, the quorum is three members, (English) Licensing (Consolidation) Act, 1910, s. 3. The term is derived from the 'justices of the quorum.' See JUSTICES, and the General Index to Chitty's Statutes, tit. 'Quorum.''Quorum' denotes the minimum number of members of any body of persons whose presence is necessary in order to enable that body to transact its business validly so that its acts may be lawful. It is generally left to committees themselves to fix the quorum for their meetings and if it is not fixed by the authority which constituted it then it is competent for the committee itself to fix the quorum as part of its power to devise its day-today procedure. Quorum does not apply to bodies doing judicial function. Quorum is fixed for meetings of committe...
Public Order Act, 1936
Public Order Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 6). An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of limitary or similar character, and to make further provision for the preservation of public order on the occasion of public processions and meetings and in public places.S. 1.-Prohibition of uniform in connection with political objects.S. 2.-Prohibition of quasi-military organizations.S. 3.-Confers powers for the preservation of public order on the occasion of processions.S. 4.-Prohibition of offensive weapons at public meetings and processions.S. 5.-Prohibition of offensive conduct conducive to breaches of the peace.S. 6.-Amendment of Public Meeting Act, 1908; see PUBLIC MEETING.S. 7.-Enforcement.S. 8.-Application to Scotland.S. 9.-Interpretation.S. 10.-Short title and extent.A person who commits an offence under s. 2 is liable on summary conviction to a maximum of 6 months' imprisonment ...
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