Right To Elect - Law Dictionary Search Results
Home Dictionary Name: right to elect Page: 5Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Material facts
Material facts, are concerned, this court has held that they should be fully set out in the election petition and if any fact is not set out, the petitioner cannot be permitted to adduce the evidence relating thereto later; nor will be permitted to amend the petition after expiry of the period of limitation prescribed for an election petition, H.D. Revanna v. G. Puttaswamy Gawda, (1999) 2 SCC 217.Material facts, are facts upon which the plaintiff's cause of action or defendant's defence depends and which must be proved in order to establish the plaintiff's right to relief claimed in plaint or defendant's defence in written statement, Mayar (H.K.) Ltd. v. Owner & Parties Vessel M.V. Forture Express, 2006 AIR (SC) 1828: (2006) 3 SCC 100: (2006) 2 JT 48: (2006) 2 SCALE 30: (2006) 1 Supreme 677: (2006) 2 SLT 612: (2006) 3 SCJD 291: (2006) 3 SRJ 229, Civil Procedure Code, 1908, O. 6, R. 2 & O. 7, R. 11(9).The expression 'material facts' used in clause (a) of s. 147 Income Tax Act, 1961 refe...
Poll
Poll, to give a vote at an election; also to receive a vote; also a taking of votes of all persons entitled to vote present, by proxy, or otherwise, as opposed to counting the votes of voters present at a meeting.As to taking a poll at parliamentary and municipal elections by secret voting, see the Ballot Act, 1872.Wherever a person has to be chosen, or a thing may be ordered to be done by the majority of persons entitled to vote, there is a Common Law right to demand a poll, so that all entitled to vote may have a second opportunity of voting, Reg. v. Wimbledon Local Board, (1881) 8 QBD 459, better reported, 46 LT 47. Voting papers are allowed if the Articles of Association or other regulations so provide, McMillan v. Le Roi Mining Co. Ltd., (1906) 1 Ch 331, and s. 116, Companies Act, 1929. As to the power of the chairman to direct a poll to be taken forthwith, i.e., at the meeting, see Re Chillington Iron Co., (1885) 29 Ch D 159; Re British Flax Co., (1889) 60 LT 215. The taking of a...
Vestry, or vestiary
Vestry, or vestiary, a place or room adjoining to a church, where the vestments of the minister are kept; also, a parochial assembly commonly convened in the vestry, to transact the parish business. By custom in some parishes, and by the (adoptive) Vestries Act, 1831 (1 & 2 Wm. 4 c. 60), in others, a select number of parishioners was chosen yearly to manage the concerns of the parish for that year. They were called a Select Vestry.The non-ecclesiastical functions of vestries are now exercised by borough and urban district councils under orders of the Ministry of Health: see (English) Local Government act, 1894 (56 & 57 Vict. c. 73), and Local Govt. Act, 1933 (23 & 24 Geo. 5, c. 51), and in rural parishes by the parish council or meeting (ibid.). As to the ecclesiastical functions in England (election of churchwardens), see Parochial Church Councils (Powers) Measure, 1921 (11 & 12 Geo. 5, No. 1), s. 13. This measure transferred all such ecclesiastical functions, except ecclesiastical ch...
Government
Government, 'the Government', shall include both the Central Government and any State Government. [General Clauses Act, 1897 (10 of 1897), s. 3(23)]That form of fundamental rules and principles by which a nation or state is governed; the state itself.The structure of principles and rules determining how a State or organisation is regulated; the sovereign proper in a nation or state; an organisation through which a body of people exercise political authority; the machinery by which foreign prover is exercised, Black's Law Dictionary, 7th Edn., p. 703.It means, in relation to any major port, the Central Government and, in relation to any other port, the State Government. [Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), s. 2 (d)]The expression 'Government' in s. 21(12)(a), IPC, 1860 must either mean the Central Government or the Government of a State, R.S. Nayak v. A.R. Antulay, AIR 1984 SC 684: (1984) 2 SCC 183: (1984) 2 SCR 495.Includes Legislative, Executive and Judiciar...
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
subrogate
subrogate -gat·ed -gat·ing [Latin subrogatus, past participle of subrogare surrogare to elect as a substitute, from sub- under + rogare to request] : to put in the place of another by the doctrine of subrogation : substitute (as a second creditor) for another with regard to a legal right or claim [s the trustee to the priority and avoidance rights of certain unsecured creditors "J. J. White and R. S. Summers"] [the surety who pays the principal obligation is subrogated…to the rights of the creditor "Louisiana Civil Code"] ...
prescribe
prescribe pre·scribed pre·scrib·ing vi 1 : to claim title or a right to something (as an easement) by prescription [a precarious possessor cannot against the owner] 2 in the civil law of Louisiana : to become unenforceable or invalid by prescription [any party having an interest in a money judgment may have it revived before it s "Louisiana Civil Code"] vt 1 : to lay down as a rule or guide : specify with authority [the times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legislature thereof "U.S. Constitution art. I"] 2 in the civil law of Louisiana : to invalidate or bar the enforcement of by prescription [this claim for damages shall not be prescribed so long as the minor's right of action exists against his tutor "Louisiana Civil Code"] ...
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...
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