Owner - Definition - Law Dictionary Home Dictionary Definition owner

Definition :

Owner, for the purposes of the Public Health Act, 1936, s. 343, replacing s. 4 of the Public Health Act, 1875, the Factory and Workshop Act, 1901, and the London Building Acts (Amendment) Act (5 Edw. 7, c. ccix.), 'the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee, or who would so receive the same if the same were let at a rack-rent' (see that title), and Kensington Corporation v. Allen, (1926) 1 KB 576.

In relation to an industrial undertaking, means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (f)]

In relation to an undertaking, means an individual Hindu undivided family, body corporate or other association of individuals, whether incorporated or not, or trust (whether public or private or whether religious or charitable) who or which owns or controls, the whole or substantially the whole of such undertaking, and includes any associated person who is a constituent of a group and who has the ultimate control over the affairs of such under-taking. [Monopolies and restrictive Trade Practices Act, 1969 (54 of 1969), s. 2 (ja)]

Includes a Court of Wards in respect of property under the superintendence or charge of such Court. [Indian Forest Act, 1927 (16 of 1927), s. 2 (4A)]

Includes any person using a boiler as agent of the owner thereof and any person using a boiler which he has hired or obtained on loan from the owner thereof. [Indian Boilers Act, 1923, s. 2 (d)]

Includes any person who is receiving or is entitled to receive the rent of any building or land whether on his own account or on behalf of himself and others or an agent or trustee, or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant. [Cantonments Act, 1924 (2 of 1924), s. 2 (xxvi)]

Means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (30)]

Means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes,--

(i) in the case, of a firm, any of its partners;

(ii) in the case of an association, any of its members; and

(iii) in the case of a company, any of its directors, managers, secretaries or other officers who is directly incharge of, and is responsible to, the company for the conduct of the business of the company. [National Environment Tribunal Act, 1995 (27 of 1995), s. 2 (o)]

Means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes--

(i) in the case of a firm, any of its part

(ii) in the case of an association, any of its members; and

(iii) in the case of a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is responsible to, the company for the conduct of the business of the company. [Public Liability Insurance Act, 1991, s. 2 (g)] Means the person who lets or has let, delivers or has delivered possession of goods, to a hirer under a hire-purchase agreement and includes a person to whom the owner's property in the goods or any of the owner's rights or liabilities under the agree-ment has passed by assignment or by operation of law. [Hire-Purchase Act, 1972 (2 of 1972), s. 2 (f)]

It is used with reference to an animal, includes not only the owner but also any other person for the time being in possession or custody of the animal, whether with or without the consent of the owner. [Prevention of Cruelty to Animals Act, 1960 (59 of 1960), s. 2 (f)]

Owner includes--(a) a person who for the time being is receiving or is entitled to receive, the rent of any land or buildings or of any part of any land or building whether on his own account or on account of himself and others or as an agent, trustee for any person or society or for any religious or charitable purpose, guardian or as a receiver or who would so receive such rent or be entitled to receive it if the land, building or part thereof were let to a tenant, and (b) the head of a Government department in respect of properties under their respective control. [Manipur Municipalities Act, 1994 (43 of 1994), s. 2(40)]

Owner means, (a) in relation to a ship, the person to whom the ship or a share in the ship belongs; (b) in relation to a sailing vessel, the person to whom the sailing vessel belongs. [Merchant Shipping Act, 1958 (44 of 1958) s. 3(23)]

Includes a person who for the time being is receiving or is entitled to receive the rent of any land or building, whether on his own account or of other person or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant. [Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(j)]

Means the person receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, Camben L.B.C. v. Gunby (DC), (2001) 1 WLR 465.

Owner, of a property is a person in whom it is for the time being beneficially vested, and who has the occupation, or control, or usufruct, of it; e.g. a lessee is, during the term, the owner of the property demised, Stroud's Judicial Dictionary; see also Mysore Minerals Ltd. v. C.I.T., (1999) 7 SCC 106.

The person in whom is vested the ownership, dominion, or title of property; proprietor. He who has dominion of a thing, real or personal, corporeal or incorporeal, which he has a right to enjoy and do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right, Black's Law Dictionary, 6th Edn.; Mysore Minerals Ltd. v. C.I.T., (1999) 7 SCC 106.

The position, therefore, seems to be that the idea of ownership land is essentially one of the 'better right' to be in possession and obtain it, whereas with chattels the concept is a more absolute one. Actual possession implies a right to retain it until the contrary is proved and to that extent a possessor is presumed to be owner, Dias on Jurisprudence (4th Edn., p. 400); Mysore Minerals Ltd. v. C.I.T., (1999) 7 SCC 106.