Ordinarily Resides - Law Dictionary Search Results
Home Dictionary Name: ordinarily residesOrdinarily resides
Ordinarily resides, the expression 'ordinarily resides' signifies something more than a temporary residence. When a person leaves a place where he had been residing a permanent resident for good i.e., with no intention to come back and goes to some other place to live there, the former place where he used to live, classes to be his ordinary place of residence and the later place becomes his ordinary place of residence. The question of residence is largely a question of intention. However in cases of minor no question of intention can arise. The place has to be determined by finding out as to whether the minor was ordinarily residing and where such residence would have continued but for the recent removal of the minor to different place, Jagdish Chandra Gupta v. Vimla Gupta, AIR 2003 All 317....
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...
Security for costs
Security for costs. In certain cases a plaintiff, before proceeding with his action, may be required to give security for the costs of it. The principal cases in which security may be required are the following: (1) Where the plaintiff is resident abroad, but if he resides in Scotland or Northern Ireland security will not be required: aliter, in the Irish Free State, Wakely v. Triumph Cycle Co., 40 TLR 15 (CA); (2) where he mis-describes his residence, or is keeping out of the way; (3) where he is only a nominal plaintiff and is insolvent; (4) where he is a privileged person, e.g., an ambassador's servant; (5) where the plaintiff is a limited company ((English) Companies Act, 1929, s. 371). But security cannot be required from a plaintiff on the mre ground of poverty or insolvency; or from a defendant, unless by reason of a counterclaim he is really in the position of a plaintiff; or from a person compelled to litigate. Security for costs may extend as well to past as future costs.The ...
Electoral roll
Electoral roll, The electoral roll referred to in s. 62(1) of the Representation of the People Act, 1951 must be understood to be the electoral roll that was in force on the last day for making the nominations for the election, Baidyanath Panjiar v. Sitaram Mahto, (1969) 2 SCC 447: AIR 1970 SC 314: (1970) 1 SCR 839.For being eligible to be included in electoral register, one has to be: (1) a resident in that Constituency, (2) should not be subject to any legal incapacity, (3) has to be either a Commonwealth citizen or a citizen of the Republic of Ireland, (4) has to be of 18 years of age or above on the date of poll, Parliamentary Practice Erskine May, 22nd Edn., 1997, p. 26.In U.K., it is known as electoral Register. The Representation of People Act, 1983 provides for the presentation of Registers of Parliamentary electors once a year and all persons who claim to vote must be registered before election, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 28.Is known as 'voters' l...
Inhabitant
Inhabitant, in relation to a cantonment, or local area, means any person ordinarily residing or carrying on business or owning or occupying immovable property therein, and in case of a dispute means any person declared by the District Magistrate to be an inhabitant. [Cantonments Act, 1924 (2 of 1924), s. 2 (xviii)]...
Scheduled debtor
Scheduled debtor, means a person who is either a small farmer or a rural artisan or an agricultural labourer and who is ordinarily resident in the State of Orissa, Yernagula Kamaraju v. Manda Dandasi, (1989) 67 Cut LT 615....
Sakunat
Sakunat, where a person states that he is having his sakunat at a certain place, it does not necessarily mean that he ordinarily resides at that place, Dhera Shah v. Sant Ram, AIR 1933 Lah 851....
Claim
Claim [fr. clamer, Fr.; clamo,Lat., to call], a challenge of interest of anything which is in another's possession, or at least out of a man's own possession, as claim by charter, descent, etc., Plow, 359 a. Any assertion of a right to a remedy, relief or property, either general, or before a tribunal, a pleading in an action, see County Courts Act, 1934, and STATEMENT OF CLAIM.Means 'a demand for something as due' or 'to seek or ask for on the ground of right', Hameedia Hardware Stores v. B. Mohan Lal Sowcar, (1988) 3 SCR 384: (1988) 2 SCC 513: AIR 1988 SC 1060 (1068). [T.N. Buildings (Lease and Rent Control) Act (18 of 1960), s. 10 (3)(a)(iii)]1. The aggregate of operative facts giving rise to a right enforceable by a court. 2. The assertion of an existing right, Black's Law Dictionary, 7th Edn., p. 240.Claim, the natural construction of the words taken in context is that 'claim' is referring to an order for costs in the current proceedings against the claimant, rather than a hypothe...
Citizenship
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...
Commorant
Ordinarily residing inhabiting...
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