Acquired Possession - Law Dictionary Search Results
Home Dictionary Name: acquired possessionAcquired possession
Acquired possession, The words 'acquired possession' or 'keeping' in clause (b) of s. 135(1) are not to be restricted to 'possession' or 'keeping'acquired as an owner or a purchaser of the goods. the expression 'acquired possession' is of very wide amplitude and will certainly include theacquisition of possession by a person in a capacity other than as owner or purchaser. [Customs Act, 1962, s. 135(1)(b)], State of Maharashtra v. Natwarlal Damodaradas Soni, AIR 1980 SC 593: (1980) 2 SCR 340....
Adverse possession
Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...
Possession
Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152.Possession, does not imply mere acts of the user, or of occupation alone, but the occupation must be with the intention of exercising some claim or right in respect of the property occupied. A person who has no claim to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301.Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230.Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. Kanti...
possession
possession 1 : the act, fact, or condition of having control of something: as a : actual possession in this entry b : constructive possession in this entry c : knowing dominion and control over a controlled substance or other contraband d in the civil law of Louisiana : the detention or enjoyment of a corporeal thing e : control or occupancy of property actual possession 1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title] 2 : direct physical custody, care, or control of property or contraband (as illegal drugs) [actual possession is not necessary to sustain a conviction "State v. Garrison, 896 S.W.2d 689 (1995)"] adverse possession : actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ...
acquire
acquire ac·quired ac·quir·ing : to come into possession, ownership, or control of : obtain as one's own [the target's directors don't want the company to be acquired "R. C. Clark"] [the court acquired jurisdiction] ac·quir·er also ac·qui·ror [ə-kwīr-ər] n ...
Possession follows title
Possession follows title, is a well-recognised one. It means that when a rightful owner is not in actual physical possession, he would, in the eye of the law, be deemed to be in possession. The benefit of such a presumption can accrue only in favour of a rightful owner and not in favour of a wrongdoer. The latter can acquire a title only by actual physical possession, Nagorao v. Jageshwar, AIR 1944 Nag 20: (1942) Nag LJ 375....
Acquired territories
Acquired territories, 'acquired territories' mean so much of the territories comprised in the Indo-Pakistan agreements and referred to in the First Schedule as are demarcated for the purpose of being acquired by India in pursuance of the said agreements. [Acquired Territories (Merger) Act, (64 of 1960), s. 2(a)]...
Acquisition, acquire
Acquisition, acquire, acquisition is the act by which a person acquires property in a thing. 'Acquire' is to become the owner of the property. One can, therefore, acquire a property either by voluntary or involuntary transfer, Devi Das Gopal Krishnan v. State of Punjab, AIR 1967 SC 1895 (1904): (1967) 3 SCR 557. [Punjab General Sales Tax Act, (46 of 1948), s. 2 (FF)]...
Acquired
Acquired, the expression 'acquired' should be taken to be a reference to 'acquisition' as understood in Public International Law. If there were any public notification, assertion or declaration by which the Government of this country had declared a territory as part and parcel of the territory of India, the Courts would be bound to recognise an 'acquisition' as having taken place, with the consequence that that territory would be part of the territory of the Union within Art. 1(3)(c), N. Masthan Sahib v. Chief Commr., AIR 1963 SC 533 (538). [Constitution of India, Art. 1(3)(c)]Acquired, includes vesting of property in govern-ment by statutory process. But unless such statutory acquisition of a part of the mortgaged property by Government is in the character of a mortgage money even proportionately, State of Kerala v. Koliyat Estates, (1999) 8 SCC 419....
After-acquired property
After-acquired property. A covenant to settle any property that may be acquired by the wife subsequently to the marriage is often inserted in marriage settlements. The construction and effect of such a covenant depends chiefly on the language of the covenant itself. See Wurtzburg on Covenants for the Settlement of a wife's after-acquired property; Bankruptcy Act, 1914, s. 42(2). See SETTLEMENT....
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