Requisition And Acquisition - Law Dictionary Search Results
Home Dictionary Name: requisition and acquisitionRequisition 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
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....
In respect of any reference made to the court
In respect of any reference made to the court, what the clause 'in respect of any reference made to the court' means is that the provisions of the Central Act shall mutatis mutandis apply in respect of any reference intended, proposed, or asked, to be made, and not in respect of any reference already made, Kajari Lal Agarwala v. Union of India, AIR 1966 SC 1538 (1540): (1966) 3 SCR 141. [West Bengal Land (Requisition and Acquisition) Act, (2 of 1948), s. 8(2)]...
Domicile
Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...
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