Habitual Residence - Law Dictionary Search Results
Home Dictionary Name: habitual residenceHabitual Residence
Habitual Residence, is an expression used in a variety of statutes for a variety of purposes and could have a different meaning according to the statutory content; furthermore, a person might be habitually resident in more than one place at a time, or might have no habitual residence at all. It is common ground that habitual residence and ordinary residence are interchangeable concepts. Domicile, on the other hand, is a concept of the common law (although the same word is some-times used in civilian systems to denote something more like habitual residence, Mark v. Mark, (2003) 3 WLR 111 UKHL; Ikimi v. Ikimi, (2002) Fam 72 [See (English) Domicile and Matrimonial Proceedings Act, 1973, s. 5(2)], Collins v. Secretary of State for Work and Pension, (2006) 1 WLR 2391 CA...
Residence
Residence, is a concept that may also be transitory. Even when qualified by the word 'ordinarily' the word 'resident' would not result in construction having the effect of a particular place for dwelling always or on permanent uninterrupted basis. Thus understood, even the requirement of a person being 'ordinarily resident' at a particular place is incapable of ensuring nexus between him and the place in question, Kuldip Nayar v. Union of India, AIR 2006 SC 3127.Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the local limits of the court, more specially where there is residence outside those limits marked with a considerable measure of continuance, Paster J.S. Singh v. Jyotsana Singh, AIR 1982 MP 122 [See Divorce Act, 1869, s. 3(3)]Residence, is generally understood as referring to a person in connection with the place wh...
country of (last) residence
country of (last) residence The country in which an alien habitually resided prior to entering the United States. Source: U.S. Citizenship and Immigration Services ...
habitual
habitual 1 : practicing or acting in some manner by force of custom, habit, or addiction [a drunkard] 2 : being such a specified number of times or with designated regularity [ offenders] 3 : involved in the practice of a person's usual behavior [her residence] ...
Habitually
Habitually, a person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be a continuity in the commission of those offences, Ayub Pappu Nawabkhan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti-Social Activities Act, 1985, s. 2(c)]The word 'habitually'connotes some degree of fre-quency and continuity. It requires a continuance and permanence of some tendency, something that has developed into a propensity, that is, present from day-to-day, Stroud's Judicial Dictionary, Fourth Edn., Vol. 2, p. 1204, Vijay Narain Singh v. State of Bihar, AIR 1984 SC 1334 (1338): (1984) 3 SCC 14: (1984) 3 SCR 435.Means 'usually' and 'generally', Mustakmiya Jabbar-miya Shaikh v. M.M. Mehta, Commissioner of Police, (1995) 3 SCC 237.Would mean repeatedly or persistently and implies a thread of continuity stringing ...
Habitual
Habitual, means repeated several times. Management of Monghyr Factory of I.T.C. Ltd. v. Presiding Officer, AIR 1978 SC 1428 (1434): (1978) 3 SCC 504: (1978) 3 SCR 1044.The expression 'habitual' would mean repeatedly or persistently and implies a thread of continuity stringing together similar repeated acts. An isolated default of rent would not mean that tenant was a habitual defaulter, Vijay Amba Das Diware v. Balkrishna Wamon Dande, AIR 2000 SC 1414 (1416): (2000) 4 SCC 126. (Rent Control and Eviction)A habitual offender or a person habitually addicted to crime is one who is a criminal by habit or by disposition formed by repetition of crimes, Dhanji Ram Sharma v. Supt. of Police, AIR 1966 SC 1766 (1767). [Punjab Police Rules, 1934, R. 23.4 (3) (b)]Means constant customary, addicted to a specified habit. In other word it would mean repeatedly or persistently and implies a thread of continuity stringing together similar repeated acts, Advanced Law Lexicon, 3rd Edn. by P. Ramanatha Aiy...
An Anglo-Indian
An Anglo-Indian, means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only. [Constitution of India, Art. 366 (2)]...
Anglo-Indian
Anglo-Indian, means a person of both English and Indian ancestry; Webster Law Dictionary, p. 81.Means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled with the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only, Constitution of India, Articles 331 and 333. If the President or the Governor of a State is of the opinion that the community is not adequately represented in the Lok Sabha/State Assembly as the case may be, the President/Governor can nominate 2/1 member of that community to that House. The reservation shall cease to have effect on the expiration of a period of sixty years from the commencement of Constitution. [Constitution of India, Article 366(2)]...
Domiciled
Domiciled, is a concept of the common law (although the same word is sometimes used in civilian systems to denote something more like habitual residence). A person must always have a domicile but can only have one domicile at a time, Mark v. Mark [HL(E)], (2005) 3 WLR 111Domiciled, where a domicile of choice is concerned the necessary intention is that the person should want to make the country in question his home, Mark v. Mark (CA), (2004) 3 WLR 641....
International Commercial Arbitration
International Commercial Arbitration, the definition of 'international commercial arbitration' makes no distinction between international commercial arbitrations which take place in India or internalcommercial arbitrations which take place outside India, AIR 2002 SC 1432 (1439): (2002) 4 SCC 105. [Arbitration and Conciliation Act, 1996, s. 2(f)]International commercial arbitration means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, con-sidered as commercial under the law in force in India and where at least one of the parties is-(i) an individual who is a national of, or habitually resident in, any country other than India; or(ii) a body corporate which is incorporated in any country other than India; or(iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than India; or(iv) the Government of a foreign country. [Arbitra-tion Act, 1996 (26 of 1996), s. 2(1) (...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial