Requisition - Law Dictionary Search Results
Home Dictionary Name: requisitionRequisition and acquisition
Requisition and acquisition, there are significant differences between 'requisition' and 'acquisition'. These have different legal consequences and these affect the owners concerned in different manners. The requisition is taking over of possession of the property normally for a limited period whereas the acquisition is taking over of title of the property permanently. But the State has the power both of requisition as well as acquisition, subject to one condition, i.e., the property acquired or requisitioned must be for public purpose, Jiwani Kumar Paraki v. First Land Acquisition Collector, AIR 1984 SC 1707: (1984) 4 SCC 612: (1985) 1 SCR 686....
Requisition of property
Requisition of property, dealt with is not acquired by the state but is taken out of the control of the owner for the time being for certain purpose, however the owner becomes entitled to compensation, because 'requisition' of the property amounts at least to temporary deprivation of the property. However in the case of compulsory letting, there is a creation of relationship of landlord and tenant even though the element of compulsion is inherent in such arrangement, Ardeshir P. Banaji v. Union of India, AIR 1997 Bom 68.In UK the executive cannot take away private property without the authority of law; however there is no judicial review of the reasonableness or propriety of a law made by Parliament to take any private property, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 277.Requisition of property, is a demand for or taking of property by authority, Webster American Dictionary, p. 1237....
Time requisite
Time requisite, the expression 'time requisite' can-not be understood as the time absolutely necessary for obtaining the copy of the order. A plain reading of s. 12(2) of the Limitation Act, 1908 shows that in computing the period of limitation prescribed for an appeal, the day on which the judgment or order complained of was pronounced and the time taken by the Court to make available the copy applied for, have to be excluded. State of Uttar Pradesh v Maharaja Narain, AIR 1968 SC 960: (1968) 2 SCR 842.The expression 'time requisite' means the time properly required for getting a copy of the decree, Vidarba Mills Berar Ltd. v. Union of India, AIR 1987 Cal 365 (378). [Civil PC, 1908, s. 12(2)]...
Time requisite for obtaining copy of the decree
Time requisite for obtaining copy of the decree, the expression 'time requisite for obtaining copy of decree' includes the time taken by the court to prepare the decree before an application for the copy of decree is made, State of Bihar v. Md. Ismail, AIR 1966 Pat 1 (6). (Limitation Act, 1963, s. 12)The expression 'time requisite' in the phrase in question, means all the time counted from the date of the pronouncement of the judgment (the same being under Or. 20, r. 7, CPC, 1908 the date of the decree) which would be properly required for getting a copy of the decree, including the time which must ex necessities elapse in the circumstances of the particular case, before a decree is drawn up and signed, Lala Balmukand v. Lajwanti, AIR 1975 SC 1089: (1975) 1 SCC 725: (1975) Supp SCR 44....
Requisite
Requisite, the word 'requisite' in s. 12(2) means 'properly required'. (AIR 1928 PC 103 foll), Lala Bal Mukand v. Lajwanti, AIR 1975 SC 1089 (1092). [Limitation Act, 1908, s. 12(2)]...
Requisition
Requisition, made by a creditor, that a debt be paid or an obligation fulfilled, Bell's Scots Law Dict.; and (by Government) France, Fenwick & Co. Ltd. v. Rex, (1926) 43 TLR 18.An authoritative, formal demand; a governmental seizure of property, Black's Law Dictionary, 7th Edn., p. 1307.Requisition, unlike acquisition, is of a temporary nature and though it may extend over some years, it has not the element of permanence, Commissioner of Income Tax v. Manna Ramji & Co., AIR 1973 SC 515 (518): (1973) 3 SCC 43: (1973) 1 SCR 1068....
requisition
requisition 1 : the taking of property by a public authority for a public use : the exercise of the power of eminent domain 2 : a formal demand made by one international jurisdiction (as a nation) upon another for the surrender or extradition of a fugitive from justice in accordance with an extradition treaty ...
Requisitions of title
Requisitions of title, a series of inquiries and requests which arise upon a title on behalf of a proposed purchaser or mortgagee, and which the vendor or mortgagor is called upon to satisfy and comply with. In the case of sales, they are often curtailed by the conditions of sale (see ABSTRACT AND CONDITIONS OF SALE OF LAND). Consult Williams or Dart on Vendors and Purchasers; Jackson and Gossett on Investigation of Title....
Certify
Certify, The word 'certify' in the Article 134 (1) (C) of the Constitution of India has a clear meaning. It requires that when giving the leave to appeal, the High Court must first determine the issue of law which in its opinion is needed to be settled by the Supreme Court and such question must be clearly set out in its order. It is well-established that mere grant of certificate by the High Court does not prevent this Court from determining whether it was rightly granted and whether the conditions prerequisite for the grant of certificates are satisfied, T.B. Thakore v. State of Maharashtra, (1969) 3 SCC 369 (371). [Constitution of India, Art. 134 (1) (c)]The word 'certify' used in clause (c) of article 133(1) suggests that the High Court is expected to apply its mind before certifying the case to be fit for appeal. The mere grant of a certificate would, however, not preclude this Court from determining whether the conditions pre-requisite for the grant are satisfied. It is, therefor...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
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