Validly Nominated - Law Dictionary Search Results
Home Dictionary Name: validly nominated Page 1 of about 16 results ( seconds)Validly nominated
Validly nominated, the expression 'validly nomin-ated' occurring in sub-rule (5) of Rule 2 of Delhi Development Authority (Election of Represen-tation of Delhi Municipal Corporation) Rules 1958, implies that the Mayor may determine whether the requirements of clauses (2) and (3) are satisfied. The Mayor cannot obviously hold a detailed enquiry having regard to the terms of r. 3 of the Delhi Development Authority. Rules to ascertain whether the candidate is subject to any of the disqualification set out in that rule, Surat Singh v. Kishori Lal, (1969) 2 SCC 487: (1970) 2 SCR 59....
To stand or not to stand as a candidate
To stand or not to stand as a candidate, a person who has been or claims to have been duly nominated as a candidate as any election and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate. The first part of the definition requires that in order to be a candidate a person should have been duly nominated as a candidate. But it may sometimes happen that though a person claims to have been duly nominated, the validity of his nomination is in dispute: such a person would also be a candidate within the meaning of the definition. The basic postulate of the first part of the definition is that a person should be duly nominated and it is only then that he becomes a candidate at an election. The second part of the definition does not extend the meaning of the word 'candidate' but merely says from what point of time a person, who has been duly nominated as a candidate, shall be deeme...
Valid votes
Valid votes, the expression 'valid votes' has nowhere been defined in the Act, but in the light of the provisions of s. 36(8) of the Act read with rule 58, two things are clear, first that the candidates are validly nominated candidates whose nomination papers are accepted by the returning officer scrutiny, and second that the provision of s. 58 provides that the ballot papers which are not rejected under Rule 57 are deemed to be 'valid ballot papers' and are to be counted as such, AIR 1960 SC 131 followed; Jabar Singh v. Genda Lal, AIR 1964 SC 1200 (1208): (1964) 6 SCR 54. [Representa-tion of the People Act, 1951, s. 36(8), Conduct of Election Rules, 1961, R. 58]...
Contesting candidates
Contesting candidates, these contesting candidates within the phraseology which has been used in s. 38 are candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the period prescribed for such withdrawal. These are the contesting candidates within the meaning of that term as used in the Act and they are normally expected to go to the poll, K. Kamaraja Nadar v. Kunju Thevar, AIR 1958 SC 687 (694). [Representation of the People Act, 1951, s. 38]...
formal
formal 1 : relating to or involving outward form, structure, or arrangement rather than content [a defect in the pleadings] 2 : requiring special or established solemnities or formalities esp. in order to be effective or valid under the law [received notice] [a criminal charge] 3 : being such only as a matter of form : nominal [a party to a lawsuit] ...
party
party pl: parties 1 a : one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement [the parties to a contract] [a person who signed the instrument as a to the instrument "Uniform Commercial Code"] accommodated party : a party to an instrument for whose benefit an accommodation party signs and incurs liability on the instrument : a party for whose benefit an accommodation is made accommodation party : a party who signs and thereby incurs liability on an instrument that is issued for value and given for the benefit of an accommodated party secured party : a party holding a security interest in another's property third party : a person other than the principals [insurance against injury to a third party] b : one (as an individual, firm, or corporation) that constitutes the plaintiff or defendant in an action ;also : one so involved in the prosecution or defense of a judicial or quasi-judicial proceeding as t...
Appointment in exercise of a Power
Appointment in exercise of a Power, In the case of freeholds an instrument which alters, abridges, or suspends a use limited by a prior assurance or trust creating the power which sanctions such appointment. In the case of appointments of uses of freeholds effected under the Statute of Uses the seisin to serve the appointed use was transferred by the prior assurance; the appointment vested the legal estate in the appointee, who took as though he were named in such prior assurance. After the 31st December, 1925, a power of appointment of land can only operate inequity, (English) Law of Property Act, 1925, s. 1(7).Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of which the parents can distribute the settled funds amongst the issue in such shares as the donees of the power think fit, and the trustees will then hold t...
Execution of Deeds
Execution of Deeds, the signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of witnesses. By s. 73, L.P. Act, 1925, sealing alone is not sufficient; an individual must sign or mark the deed. Sect. 74, ibid., provides for the execution of deeds by companies and other corporations. See CORPORATION; DEED. As to compulsory executions, s. 47 of the (English) Judicature Act, 1925, replacing the 14th s. of the (English) Judicature Act, 1854, enacts, that when any person fails to comply with a judgment directing him to execute any conveyance, etc., the Court may order that the conveyance, etc., may be executed by such person as the Court may nominate to execute the deed instead, and that such execution shall have the same validity as if the conveyance, etc., had been executed by the party himself.The rule that a purchaser was entitled to have the conveyance executed in his presence is abrogated by (English) L.P. Act, 1925, s. 75, replacing the (E...
Si quidem in nomine, cognomine, pr'nomine legatarii testator erraverit, cum de persona constat, nihilominus valet legatum
Si quidem in nomine, cognomine, pr'nomine legatarii testator erraverit, cum de persona constat, nihilominus valet legatum. Justinian's Institutes, 1. 2, t. 20, s. 29.-(Although a testator may have mistaken the nomen, cognomen, or pr'nomen of a legatee, yet if it be certain who is the person meant, the legacy is valid.)...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
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