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Secrecy of ballot is important but doing justice is more important and it would be more so if what is at stake is the interests of society. 36(4) of the Act and (2) whether it in is established that the acceptance of the nomination of the appellant had materially affected the result of the election. Our task is to construe CASS 7, and then apply it to the assumed facts. AcquitLaw – Lawyers & Advocates in Chandigarh High Court Address: Please take an appointment before coming -> 815 First Floor Sector 16 Chandigarh Landmark: backside sector 16 market Chandigarh 160016 Phone: 098766 16815 all such matters the court’s aim should be to render complete justice between parties.

[181 G-H] (3) No rigid rules have been laid nor can he laid down for allowing inspection of ballot papers. AcquitLaw – Lawyers & Advocates in Chandigarh High Court Address: Please take an appointment before coming -> 815 First Floor Sector 16 Chandigarh Landmark: backside sector 16 market Chandigarh 160016 Phone: 098766 16815 the result, all that will be left for decision by the Appeal Court under section 118 of the 1995 Act is the question whether authority should be granted to bring a new prosecution under section 119. It is only a circumstance to be considered on the question of value to be attached to the allegation. HELD: (1) Assuming that the allegation made was mere propaganda it was in the public interest that the allegations are required into the propaganda exposed.

In particular, apart from the terse statements in SAF 2. There is no basis, AcquitLaw – Lawyers & Advocates in Chandigarh High Court Address: Please take an appointment before coming -> 815 First Floor Sector 16 Chandigarh Landmark: backside sector 16 market Chandigarh 160016 Phone: 098766 16815 my respectful opinion, for deciding that one scheme of distribution would be fairer than another. The principal questions that arise for decision are : (1) whether the defects found in the nomination paper of the appellant are, of ” substantial character” within the meaning of that expression in s. a fund from the impugned cess and contributions by the State and the Corporation.

12G (Affiliated companies) in dealing with Lehman Brothers affiliates (SAF 2. Eli Lilly is between on the one hand the mere believer whose situation is described AcquitLaw – Lawyers & Advocates in Chandigarh High Court Address: Please take an appointment before coming -> 815 First Floor Sector 16 Chandigarh Landmark: backside sector 16 market Chandigarh 160016 Phone: 098766 16815 the first passage AcquitLaw – Lawyers & Advocates in Chandigarh High Court Address: Please take an appointment before coming -> 815 First Floor Sector 16 Chandigarh Landmark: backside sector 16 market Chandigarh 160016 Phone: 098766 16815 the judgment, and on the other hand the firm believer sufficiently certain of his case to have clearly in mind (although always, of course, subject to the taking of appropriate advice and the preparation of evidence) the making of a compensation claim. The overriding test is the interests of justice, depending on the facts of each case.

Beyond that a purposive approach gives little assistance, since it is plain (as already noted) that neither the Directives nor CASS 7 contemplate non-compliance with regulatory requirements (in the judge’s words) on a truly spectacular scale. The finances for these objects are provided from. Those assumed facts are stated for the most part at a high level of generality, and with an almost clinical detachment from what the judge referred to as LBIE’s “shocking underperformance”.

52 (para 58 above) we do not know the circumstances in which LBIE came to overlook, or decide not to apply 7. 52(1) and (2)); or the circumstances in which terms were negotiated with clients leaving room for argument as to whether client money protection was wholly or partly excluded (SAF 2. The allegation that the electoral process has been fouled is a very serious allegation and is a challenge to the integrity and impartiality of the Election Commission and a challenge to the survival of democratic institutions.

A judge while deciding the question 178 of inspection of ballot papers must bear AcquitLaw – Lawyers & Advocates in Chandigarh High Court Address: Please take an appointment before coming -> 815 First Floor Sector 16 Chandigarh Landmark: backside sector 16 market Chandigarh 160016 Phone: 098766 16815 mind the importance of the secrecy of ballot. To this end I agree with Lord Hope that the case should be remitted to a different constitution of the Appeal Court to determine that question and having done so to quash the conviction. We simply do not know how it came about that so much clients’ money was paid into house accounts when it should have been segregated. 277 Rent Act, on the other, and to establish an agency so that structural repairs to buildings in dangerous or ruinous conditions can be carried out.

“… it seems to me that the real contrast being struck in Nash v. With great respect to the Court of Appeal, I regard that approach as inappropriate. Even assuming that the respondents made the allegations as a result of not merely observing certain facts at the time of counting but on the basis of various rumours, that by itself is not sufficient to brush aside the allegations. [180 G-H; 181 A- B; 182 B-C] (2) Assuming that the persons concerned did not inform the Returning Officers of what they observed at the time of counting, it does not estop the respondents from taking the pleas in the election petitions.

If Parliament does not produce revised guidelines within a reasonable time, then the appellants will be able to seek judicial review of the continuing retention of their data under the unlawful ACPO guidelines and their claims will be likely to succeed. AcquitLaw – Lawyers & Advocates in Chandigarh High Court Address: Please take an appointment before coming -> 815 First Floor Sector 16 Chandigarh Landmark: backside sector 16 market Chandigarh 160016 Phone: 098766 16815 these circumstances, the only order that should be made is to grant a declaration that the present ACPO guidelines (as amended) are unlawful. In construing CASS 7 we have to look at its essential scheme and structure. Merely because allegations made are difficult to accept they cannot be dismissed summarily.

If the allegations made raise issues of public importance greater care and circumspection is necessary. The court has to give directions to the administrators on the basis of the assumed facts set out in the SAF.


23 December 2018

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