...election, whereby the High Court has stayed the notification issued by the Election Commission of India containing direction as to the manner of counting votes and has made directions of its own o...polling-stationwise.3. And whereas, the Election Commission has carefully considered the matter and has decided that in the light of the prevailing...situation in the State of Kerala, and in the interests of free and fair election and also for safety and security of electors and with a view to preventing intimidation ...

...particular party and he opts for one of them, In a given circumstance it could be deemed that he has waived the other remedy. In such circumstance the end result of the operation of election is ...question whether the claim is barred by estoppel for such question whether the same is barred by the doctrine of election or by waiver is a matter which will have to be adjudicated by the land tribunal...which alone has the jurisdiction to decide the same question. 12. The question whether the revision petitioner is barred by doctrine of election or waiver from taking such contention...

...this Court said that the sole remedy for an aggrieved party, if he wants to challenge any election, is an election petition. And this exclusion of all other remedies includes constitutional ...Venkatachalam, the appellant and Swamickan, the respondent were the candidates. In the result declared Venkatachalam was elected. A year after the date of election of Venkatachalam, a petition under...election of Venkatachalam was illegal inasmuch as he did not possess the basic constitutional and statutory qualifications. Aggrieved Venkatachalam got leave to appeal to this Court. His main...

...paper--Application to High Court for writ of certiorari--Maintainability--Juris- diction of High Court--Meaning of "election" and "ques- tioning election"--Policy of Legislature with rega...elections--Special remedies. HEADNOTE: Article 329 (b) of the Constitution of India provides that "no election to either House of Parliament or to the House or eithe...provisions of the Act. The appellant, who was a candidate for election to the Legislative Assembly of the State of Madras and whose nomi- nation paper was rejected by the...

.... 817)‘… Waiver or acquiescence, like election, presupposes that the person to be bound is fully cognizant of his rights, and that being so, he...entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct. It may arise from a party making an election, for...example, whether or not to exercise a contractual right … Waiver may also be by virtue of equitable or promissory estoppel; unlike waiver arising from an election, no question arises of any particular...

...under Sec. 106 of the Act.16. As regards waiver in relation to the doctrine of election it is stated at page No. 319-320 of Estoppel by Representation by Spencer. Bower and Turner-...waiver. Therefore, that which cannot be waived cannot be barred by the doctrine of election. In the light of the above discussion, we hold that, Kamalakshy Amma's case (1988 (2) KLT 498) and Kumaran...follow that the civil court will be incompetent to go into the question whether the claim is barred, by estoppel for such question whether the same is barred by the doctrine of election or by waiver is...

..., and I do not consider it necessary to come to a definite finding on the further question whether the doctrine of election or waiver would have applied if, instead of seeking the two remedies sim...Clause (c) of section 17(1) and when the jotedar has chosen one of the remedies he must be held to have made his election and cannot thereafter fall back upon the other...question of election of remedies, which rests on the maxim that a person cannot both approbate and reprobate, does not arise unless the two remedies are first held to be mutually exclusive, by a...

...any other remedy given or now or hereafter existing at law, in equity, by statute, or otherwise, except as stated to the contrary of this Agreement. The election of any one or more of such remedies by any ...Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to go into the dispute between the petitioner and the respondent in respect of the Memorandum of Understanding (MOU) dated 10.09.2021... ORDER This Arbitration Original Petition has been filed under Section 11(5) of the Arbitration ...

..., inter alia, seeking a declaration that election of respondent No. 3 - Shri. Sha. Bra. Dr. Jai Sidheshwar Shivachary Mahaswamiji from 42- (SC) Solapur as null and void. It is, inter alia, prayed for.... It is apparent from the aforesaid provisions that the parties to the petition can only be contesting candidates against whom relief has been sought for declaration that the election of and/or any of...nearly as may be”. Section 87 reads thus;87. Procedure before the High Court.- (1) Subject to the provisions of this Act and of any rules made thereunder, every election...

...recourse to what is undoubtedly the less appropriate of two remedies, and then seeks to avail himself of the regular mode of relief. The principle in question was explained by Mr. Justice Sullivan in the r...a regular suit; secondly, that the two remedies are alternative, so that when a litigant has made his election of one of these alternatives, he must be taken to have abandoned the other; and, thirdly...affirmed as a general proposition of law that, whenever there are two remedies open to a party aggrieved in respect of any matter he is bound at his peril to make an election and that, if he chooses...

.... Section 16 provides for the constitution of the “Court”, it consists of two classes of members, ex officio, and elected members. Section 16(1) provides for election to the category of “ordinary.... Statute 10(3) of the University of Gujarat provides for election of 42 members to the Court by teachers excluding Deans of faculties and Principals of colleges in the manner specified t...election of 42 representatives of teachers to the Court. The High Court, however, granted a limited interim relief, staying the process of election with regard to the fourteen seats of Arts ...

...down the prohibitory provision into its components. The sole remedy for an aggrieved party, if he wants to challenge any election, is an election petition. And this exclusion of all other remedies...-Ferozepore parliamentary constituency. It consisted of nine assembly segments and the polling took place on March 16, 1977. According to the calendar notified by the Election Commission. The counting took...Returning Officer who under compulsion had postponed the concluding part of the election, reported the happenings by wireless message to the Election Commission. The observer also reached Delhi and gave a...

...September 5, 1972 reversed the decree of the Subordinate Judge and set aside the decree.9. The High Court held that the appellant was precluded by the principle of waiver from...gain advantage through the aid of courts. Waiver some times partakes of the nature of an election. Waiver is consensual in nature. It implies a meeting of the minds. It is a matter .... The doctrine does not depend on misrepresentation. Waiver actually requires two parties, one party waiving and another receiving the benefit of waiver. There can be waiver so intended by one party...

..., estoppel or election. I do not think that the act of the workmen in this case will amount to election, since election always contemplates the existence of two remedies. But it may amount to ...provision preventing the parties from contracting out of the statute. The passing of receipts by the erstwhile employees in full and final settlement of their claims amounts in law to an act of ...estoppel. It may be waiver, because it is an intentional with the full knowledge thereof. It is a distinct act done by the workmen. The signing of the stamped receipts in full and final settlement of...

....And further observed as follows (para 14)14. As regards waiver in relation to the doctrine of election it is stated at page No. 319-320 of Estoppel by Representation by Spe...party and he opts for one of them, in a given circumstance it could be deemed that he has waived the other remedy. In such circumstance the end result of the operation of election is waiver ...principle of estoppel by election which is related to seeking remedy in subsequent forum and the other is, issue estoppel, which is related to agitating an issue which is previously decided. In...

.... [10F Supp. 979, 981], where it has been held that“the doctrine applies if there exist two or more co-existing remedies between which there is right of election, inconsistency as to such available ...should be deemed to have been waived by the doctrine of waiver by election of remedies.42. Black's Law Dictionary (5th Edn.), at page 1418, cites the decision in Hertz v. Mills, D.C Md.... This means that the procedure initially adopted was not legally and technically available to the corporation, and as such, the doctrine of waiver by election, in my view, cannot be alleged to raise its...

...anything contained in the Constitution no election to a Municipal Council shall be called in question except by an election petition and therefore the jurisdiction of the High Court to entertain a writ...Punjab State Election Commission Act, 1994 (hereinafter referred to as "Election Commission Act"). Article 243ZG(b) of the Constitution and Section 74 of the Election Commission ...Commission Act envisages the setting of election tribunals to entertain election petitions. In the light of the above constitutional and statutory provisions, it was prayed that this Court had...

...the election petition, the Election Commissioner, the Returning Officer and the Chief Electoral Officer of the State of Karnataka had been arrayed as Respondents 6, 7 and 8. Those respondents file...election petition having been filed, challenging the validity of the election of Respondent 1, on the grounds contained in Sections 100(1)(d)(iii) and (iv) and non-compliance with the provisions ...Constitution and the Rules by the election machinery having been alleged, Respondents 7 and 8 at least ought to have been held to be proper parties and there could not have been an order of deletion...

...conduct that is, of course, a tenable position. The insured enlisted the doctrines of waiver and estoppel. Somewhat tentatively it was also suggested that the insurers could be debarred by election from ra..., election cannot assist. The concepts of waiver and estoppel have often been explained. Generally, waiver is of a unilateral character: it involves giving up something. Estoppel by representation...months of the happening of the loss and damage for the purposes of condition 19 of the stock policy, it was alleged there had been a waiver of the insurers' right to rely on a limitation ...