S 123 Of The Rpa - Law Dictionary Search Results
Home Dictionary Name: s 123 of the rpaMaterial facts and material particulars
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omi...
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Withdraw from being a candidate
Withdraw from being a candidate, the words 'to withdraw - from being a candidate' in clause (a) cannot be read in isolation. They must be read in the context of the other provisions of the Act. As already pointed out, it is clear on a proper and combined reading of clauses (a) and (b)(i) of sub-s. (1)(A) of s. 123 of the Representation of People Act, 1951 and clause (b) of sub-s. (1)(B) that the words 'to withdraw - from being a candidate' used in clause (a) of sub-s. (1)(A) mean the same thing as withdrawal of candidature referred in clause (B)(i) of sub-s. (1)(A) and clause (b) of sub-s. (1)(B), Umed v. Raj Singh, AIR 1975 SC 43: (1975) 1 SCC 76: (1975) 1 SCR 918. [Representation of the People Act, 1951, ss. 123 (1) (A) (a), 79(b), 55A, 37 and 30(c) (before Amendment Act (58 of 1958)]...
Procure
Procure, means to obtain, or get by care; effort or the use of special means; to procure evidence; to bring about especially by unscrupulous and indirect means; to procure secret documents; to obtain (women or girls) for the purpose of prostitution; to act as a procurer or pimp, Random House Dictionary of the English Language, Unabridged Edn., p. 1147.Means to take care of; to get possession of; obtain; to get and make available for promiscuous perusal intercourse; to bring about; achieve; to procure women, Webster's Seventh New Collegiate Dictionary.The word 'procure' has been defined in the Century Dictionary to mean 'to obtain, as by request, loan, effort, labour, or purchase; get; gain; come into possession of'. It has been defined in the Oxford English Dictionary to mean 'to gain, win, get possession of, acquire'. This is the correct meaning of the word as used in sub-s. (5) of s. 123 of the Act; Balwan Singh v. Prakash Chand, AIR 1976 SC 1187 (1193): (1976) 3 SCR 335: (1976) 2 SC...
Affairs of State
Affairs of State, Matter of public nature with which State is concerned. [Evidence Act (1 of 1872), s. 123]The expression 'affairs of State' in its ordinary significance is of the widest amplitude and will mean the entire business of State. It takes in the routine day-to-day administration and also highly confidential acts involving defence and foreign relations, and also in modern times the multifarious activities of a welfare State, State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 493 (529): (1961) 2 SCR 371. (Evidence Act, 1872, s. 123)...
Withdraw
Withdraw, for the purpose of s. 123 of the Representation of the People Act, 1951 the words 'to withdraw or not to withdraw' from being a candidate are of wide amplitude to include a subsequent withdrawal or non withdrawal even at the last stage prior to the poll, Mohd. Yunus Saleem v. Shiv Kumar Shastri, AIR 1974 SC 1218 (1223): (1974) 4 SCC 854: (1974) 3 SCR 738. [Representation of the People Act, 1951, s. 123 (1) (A) (a)]...
Power of Attorney
Power of Attorney (Letter of Attorney), a writing usually, but not always necessarily, under seal authorizing another person, who is called the attorney of the person appointing him, to do any lawful act in the stead of another, as to give seisin of lands, receive debts or sue a third person. it is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker to accomplish the act intended to be performed. If it is an authority coupled with an interest, e.g., if the attorney is authorized to collect debts and pay there out a debt due to himself, it is irrevocable. As it is necessary for certain purposes (e.g., execution of a deed) that it should be under seal, a power of attorney is usually in the form of a deed. By ss. 8 and 9 of the (English) Conveyancing Act, 1882, now (English) Law of Property Act, 1925, ss. 126 and 127, powers of attorney may be made irrevocable either absolutely or for a limited period according as they...
Officer
Officer. See ARMY; NAVY. A contract between the Crown and any of its military or naval officers for services rendered or to be rendered is not enforceable in a Court of law, see Jynaston v. A.G., 49 TLR 300.It means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes--(a) an officer of any Air Force Reserve or the Auxiliary Air Force who is for the time being subject to this Act.(b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy. [Air Force Act, 1950, s. 4(xxiii)]It means a president, vice-president, chairperson, vice chair-person, managing director, secretary, manager, member of a board, treasurer, liquidator, an administrator appointed under s. 123 and includes any other person empowered under this Act or the rules or the bye-laws to give directions in regard to the business of a multi-State co-operative society. [Multi-State Co-operative Societies Act, ...
Housing of the working classes
Housing of the working classes. The Housing Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 51), replaces with amendments the Housing Acts, 1925, 1930 and 1935, and consolidates the general law on the subject with some exceptions, chiefly relating to agricultural populations and needs, which are also provided for in unrepeated portions of the Acts of 1930 and 1935. Very wide powers are conferred on local authorities over the ownership of land and housing properties, and populations within their districts, enabling those authorities to make bye-laws for houses occupied or adaptable for the working classes; to effect the clearance, demolition, rebuilding, redevelopment or improvement of houses either singly or in whole areas and other-wise regulating sites or houses; to prevent over-crowding, and generally making it incumbent on these authorities to review and provide for the housing conditions of the working classes, and in addition giving powers of compulsory expropria-tion of private owners fr...
Bargain for votes
Bargain for votes, a bargain for the purposes of this s. does not mean that the candidate or his agent makes an offer and the voter accepts it in the sense that he promises to vote. It is enough if the candidate or his agent makes the gift or promise on that condition. If a candidate or his agent pays money to a voter saying that he wants him to vote it is a bargain for the purposes of this section. It is not necessary that the voter should say that he would vote and thereafter the candidate or his agent should pay the money, S. Iqbal Singh v. S. Gurdas Singh, AIR 1976 SC 27 (35): (1976) 3 SCC 284. [Representation of the People Act, 1951, s. 123(1)]...
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