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(L)
184(3)
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218(3)
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218 (3)
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184(3)
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(PLD 1999 SC 57)
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(PLD
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1973
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"Honestly":
(i)'honest' means full of honour: just: fair dealing: upright: the opposite
of thievish: free from fraud: candid: truthful: ingenious: seemly:
respectable: chaste: honourable; 'honestly' means in an honest way:
in truth; 'honesty' is the state of being honest: integrity: candour.
[Chambers, 20th Century Dictionary, New Edition 1983 at page 601]
"Justly"
legally right, lawful"; "The words 'just' and 'justly' do not always
mean 'just' and 'justly' in a moral sense, but they not unfrequently, in
their connection with other words in a sentence, where a very different
signification. It is evident, however, that the word 'just' in the statute
[requiring an affidavit for an attachment to State that Plaintiff's claim is
just] means 'just ' in a moral sense; and from its isolation, being made
a separate sub-division of the section, it is intended to mean 'morally
just' in the most emphatic terms. The claim must be morally just as
well as the legally just in order to entitle a party to an attachment."
Robinson v. Burton (5 Kan. 300.) [ Black's Law Dictionary, Revised 4th
Edition of 1968, at page 1001]
The word 'just' is derived from the Latin 'justus' which is from the Latin
'jus' which means a right, and more technically a legal right--- a law.
The world 'just' is defined by the Century Dictionary as conforming to
the requirements of right or of positive law, and in Anderson's Law
Dictionary as probable, reasonable. Kinney's Law Dictionary defines
'just' as fair, adequate, reasonable, probable, and justa causa as a just
case, a lawful ground.
Being in conformity with justice [S.191, Expln. 2, ill. (a) IPC (45 of
1860) and Art 42, Const]; fair.
An allegation is an indictment that an offence has 'just' come to the
knowledge of an officer having authority to prosecute is, by implication,
a sufficient allegation that the offence had not previously come to the
knowledge of any other public officer having authority to prosecute.
'JUST' as sued in Laws providing that an affidavit for attachment shall
show the nature of the plaintiffs claim, and that it is just, etc., should be
construed to mean just in a moral sense. The claim must be morally
just, as well as legally just in order to entitle a party to an attachment.
"Shall have the power, if he shall think just, to order a new trial." in the
County Courts Act, 1888 (51 & 52 Vict. c. 43), S.93. These words do
not give a County court judge an absolute power of granting new trials.
His power under the section is subject to the rules and limitations as to
the granting of new trials which are binding upon the High Court, the
Court of Appeal, and the House of Lords. Murtagh v. Barry (1890) 44
Ch D 632 (LORD COLERIDGE, C.J.). The crucial word in the phrase is
"just" which imparts a judicial, and not an absolute power. (Craies St.
30
Law).
The term 'just' is derived from the Latin word 'justus'. The word, 'just'
connotes reasonableness and something conforming to rectitude and
justice something requirable and fair. M.A. Rahim and Another v.
Sayari Bai, AIR 1973 Mad 83,87. The world 'just' denotes equitability,
fairness and reasonableness having a large peripheral field. Helen C.
Rebellor v. Maharashtra S.R.T.C., (1999) 1 SCC 90, para 28: AIR
1998 SC 3191. The world 'just' occurring in Section 168 of the Act
means that the compensation must be just and it cannot be a
bonanza; not a source of profit but same should not be a pittance. The
expression 'just' denotes equitability, fairness and reasonableness and
non-arbitrariness. Divisional Controller KSRTC v. Mahadeva Shetty,
(2003) 7 SCC 197, para 15. [Motor Vehicles Act (59 of 1988), S. 168].
Reasonableness may be 'good cause' but it is not necessarily 'just
cause'. If a person voluntarily retires on pension, he is getting a
substantial financial benefit for himself, and it is not fair or just to the
unemployment fund that he should also get unemployment benefit for
the six weeks under the act. Crewe v. Social Security Commissioner,
(1982) 2 All ER 745, 749. [Social Security Act, 1975, S.20(1)(a)].
The words 'just cause' in S. 263 are exhaustive and not merely
illustrative. Merely the failure to fill an inventory or the account within
the specified time is not sufficient. It must be established that the
person to whom the grant has been made willfully and without
reasonable cause omitted to exhibit them. In Re. T. Arumuga Mudaliar,
AIR 1955 Mad 622. [Indian Succession Act (39 of 1925), S.263]. [P.
Ramanatha Aiyar's "Advanced Law Lexicon", 2005 Edition, Vol. 3, at
31
"Fairly"
(iii) 'fair' --"the world conveys some idea of justice or equity in partial
free from suspicion or bias; equitable; reasonable; honest; upright; and
as applied to the weather, a fair weather is one free from clouds; not
obscure"-'FAIR, HONEST, EQUITABLE, REASONABLE' - 'fairness"
enters into every minute circumstance connected with the interest of
the parties, and weights them alike for both; honestly is contended with
a literal conformity to the law, it consults the interest of one party. An
estimate is fair in which profit and loss, merit and demerit with every
collateral circumstances is duly weighed; a judgment is equitable
32
218 (3)
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SC 396)
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218 (3)
218 (3)
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Compulsory voting.
128A.(1.)It shall be the duty of every elector to record his vote at each
election.
(2.)It shall be the duty of each Divisional Returning Officer at the close
of each election to prepare a list (in duplicate) of the names and
descriptions of the electors enrolled for his Division who have not
voted at the election, and to certify the list by statutory declaration
under his hand.
(3.)The list so certified shall in all proceedings be prima facie evidence
of the contents thereof and of the fact that the electors whose names
appear therein did not vote at the election.
55
(4.) Within the prescribed period after the close of each election the
Divisional Returning Officer shall send by post to each elector whose
name appears on the list prepared in accordance with sub-sections(1.)
and (2.) of this section, at the address mentioned in that list, a notice,
in the prescribed form, notifying the elector that he appears to have
failed to vote at the election, and calling upon him to give a valid
truthful and sufficient reason why he failed so to vote.
(5.)Before sending any such notice, the Divisional Returning Officer
shall insert therein a date, not being less than twenty-one days after
the date of posting of the notice, on which the form attached to the
notice, duly filled up and signed by the elector, is to be in the hands of
the Divisional Returning Officer.
(6.)Every elector to whom a notice under this section has been sent
shall fill up the form at the foot of the notice by stating in it the true
reason why he failed so to vote, sign the form, and post it so as to
reach the Divisional Returning Officer not later than the date inserted in
the notice.
(7.)If any elector is unable, by reason of absence from his place of
living or physical incapacity, to fill up, sign, and post the form, within
the time allowed under sub-section (5.) of this section, any other
elector who has personal knowledge of the facts may, subject to the
regulations, fill up, sign, and post the form, duly witnessed within that
time, and the filling up, signing, and posting of the form may be treated
as compliance by the firstmentioned elector with the provisions of
sub-section (6.) of this section.
(8.)Upon receipt of a form referred to in either of the last two preceding
56
Page-86
(13)
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Majority
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2008
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108 268
40% 50%
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91(4)
(runoff)
Professor Bernard Chrick, Emeritus Professor of Politics,
30%25%
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50%
79
in "e" "d"
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CP. 87 of 2011
AAP
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1976
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(a)
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(b)
(c)
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(ii)
(iii)
(d)
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(f)
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(g)
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ROPA
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(i)
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(k)
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FPTP
None of the above
options
(n)
2012
66