Acquisition By State - Law Dictionary Search Results
Home Dictionary Name: acquisition by state Page: 3Citizenship
Citizenship, citizenship is intimately connected with civic rights under municipal law. Hence, all citizens are nationals of a particular State, but all nationals may not be citizens of the State. In other words, citizens are those persons who have full political rights as distinguished from nationals, who may not enjoy full political rights and are still domiciled in that country, State Trading Corporation of India Ltd. v. Commercial Tax Officer, (1964) 4 SCR 89: AIR 1963 SC 1811 (1819).A person who, by either birth or naturalisation, is a member of a political community, owing allegiance to the community and being entitled to enjoy all its civil rights and protections; a member of a civil state, entitled to all its privileges, Black's Law Dictionary, 7th Edn.In India there is single citizenship. A person is a citizen of India, if (1) he has his domicile in the territory of India, and (a) he was born in the territory of India, or (b) either of whose parents was born in the territory o...
Citizen
Citizen, in relation to a country specified in the first Schedule, means a person who under the citizenship or nationality law for the time being in force in that country, is a citizen or national of that country. [Citizenship Act, 1955 (57 of 1955), s. 2 (1) (b)]Citizen, the citizenship of a person can be terminated under the relevant law, [Citizenship Act, 1955, s. 9]Is a person who is either born within the State or born of parents who are citizens or one who has acquired the status of citizen by application of the laws of the State providing for the naturalization of persons born in another State, Dictionary of Political Science, Joseph Dunner, 1965, p. 95.The modes of acquisition of Indian citizenship are (a) Birth, (b) Descent, (c) Registration, (d) Naturalisation, (e) Incorporation of territory, and (f) Certificate in case of doubt, Commentary on Constitution of India, Durga Das Basu, 6th Edn., Vol. 1, p. 111.Is a member, native or naturalised, of a State, the Concise Oxford Dic...
Years
Years, must be interpreted in the sense of agricultural seasons, Sobhatiya v. Seth Bhugwandas, (1952) NLJ 168.The word 'years' in the plural has been retained in the Act by mistake or oversight and it should be read in the singular, Bhairendra Narayan Bhup v. State of Assam, 1956 SCR 303: AIR 1956 SC 503 (512). [Assam State Acquisition of Zamindari's Act (18 of 1951), s. 11]...
Any other public purpose
Any other public purpose, Acquisition of sites for the building of hospitals or educational institutions by private benefactors will be a public purpose, though it will not strictly be a State or Union purpose, State of Bombay v. All Gulshan, AIR 1955 SC 810 (811). (Constitution of India, VII Sch., List III Item 42)...
Arable land
Arable land. The Agricultural Holdings Act, 1923 (13 & 14 Geo. 5, c. 9), s. 30, allows freedom of cropping of arable land, which expression 'shall not include land in grass, which by the terms of any contract of tenancy is to be retained in the same condition throughout the tenancy.''Arable land' is meant not only land capable of cultivation but also actually cultivated. It is not arable not because it is cultivated but because it is something else such as waste, pasture, ancient meadow etc. Indeed the fact that the land is actually cultivated demonstrates its nature as arable-land, Ishvarlal Girdharilal Jushi v. State of Gujarat, AIR 1968 SC 870 (880): (1968) 2 SCR 267. [Land Acquisition Act, 1894, s. 17(1)]According to the Oxford Dictionary 'arable land' is 'land which is capable of being ploughed or fit for village'. In the context of s. 17(1) of the Act the expression must be construed to mean 'lands which are mainly used for ploughing and for raising crops', Raja Anand Brahmo Slah...
Obligation
Obligation, an act which binds a person to some performance; also a bond containing a penalty, with a condition annexed for paying of money at a certain time, or for the performance of a covenant, etc.; also foreign government and other bonds and debentures.In Bhudeb Mookerjee v. Kalachand Malik, 34 Cal LJ 315: AIR 1921 Cal 129, that the word obligation in s. 54 of the Specific Relief Act may be taken to be a tie or bond which constrains a person to do or suffer something. It implies a right in another person to which it is correlated and it restricts the freedom of the obligee with respect to definite acts and forbearances but in order that it may be enforced by a court, it must be a legal obligation and not merely moral, social or religious, Hyderabad Stock Exchange Ltd. v. Rangnath Rathi and Co., AIR 1958 AP 43 (47). [Specific Relief Act, 1877, s. 54]Means 'a duty; the bond of legal necessity which binds together two or more determinate individuals. It is limited to legal duties ari...
Street
Street, as appearing in different provisions of the Punjab Municipal Act is to be read in the wider sense and not to be treated only as a lane. Parking place attached to road is also covered, Harpal Singh v. State of Punjab, AIR 1992 P&H 314. [Land Acquisition Act (1 of 1894), ss. 5A, 17; Punjab Municipal Act (3 of 1911), s. 58]Street, in the (English) Public Health Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 49), by s. 343, includes any highway, including a highway over any bridge, and any road, lane, footway, square, Court, alley or passage, whether a thoroughfare or not; and see A.G. v. Laird, 1925 C 318.Includes any way, road, lane, square, court, alley or passage in a cantonment, whether a thoroughfare or not and whether built upon or not, over which the public have a right-of-way and also the road-way or foot-way over any bridge or cause way. [Cantonments Act, 1924 (2 of 1924), s. 2(xxxvii)]Includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare ...
Orchard
Orchard, a banana plantation is not an 'orchard' within the contemplation of s. 6(1)(f) of the Act, Mir Fakir Mohd v. State of West Bengal, (1978) 2 SCC 36: AIR 1978 SC 1072 (1073). [West Bengal Estate Acquisition Act, 1954, s. 6(1)(f) and 2(p)]...
Waste land, and arable land
Waste land, and arable land, the expression 'waste land' as contrasted to 'arable land' would, therefore, mean 'land which is unfit for cultivation or habitation, desolate and barren land with little or no vegetation thereon, Raja Anand Brahma Shah v. State of Uttar Pradesh, AIR 1967 SC 1081 (1085): (1967) 1 SCR 373. [Land Acquisition Act, 1894, s. 17(1)(u)]...
Useful to the public
Useful to the public, the words 'useful to the public' can only mean that the public should have a right to use the work itself and not the product of it; and it is the duty of the Government when it takes an agreement under s. 41 to see that the public is so entitled to use the work, R.L. Arora v. State of Uttar Pradesh, AIR 1962 SC 764 (774): (1962) Supp 2 SCR 149. (Land Acquisition Act, 1894, ss. 40, 41)...
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