Judicial Dictionary - R

Judicial Dictionary


Legislative Dictionary


Resident

Share |

CategoryR
TitleResident
Details

'Resident' ordinarily means inhabi­tant of a place; it may be permanent or it may be temporary. Temporary again admits of different periods of duration. It may vary from a moment to a period of undefined duration. A resident from the view point of permanence or temporary will not give us true clue to the meaning of the word, when we are considering its application in a state of war where every­thing is disturbed and unsettled and when the state of war itself is not permanent. The mean­ing is to be looked at bearing the war measure in view.  Moreover, the rule has not quali­fied the word with any such word.  To give the word  its most  natural meaning in the context set out, we find living or residing on own voli­tion or free will best accords with the subject. ... Authorities show that 'resident' may import both permanent and temporary residence according to the purpose and context of the particular enactment. However when alien enemy or enemy status is involved in a state of war resident has never been interpreted to mean permanent resi­dent. 

( Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD) [960] )

Created OnMarch 9, 2014, 8:43 AM
Hits1039