Actual Physical Control - Law Dictionary Search Results
Home Dictionary Name: actual physical controlActual physical control
Actual physical control, means direct bodily power over something esp. a vehicle. Many jurisdictions require a showing of 'actual physical control' of a vehicle by a person charged with driving while intoxicated, Black Law Dictionary, 7th Edn., p. 36....
joint physical custody
joint physical custody The sharing, by both parents, of the actual physical care and custody of a child. ...
physical presence
physical presence The place where a person is actually, physically located. Source: Department of State. March 2007. ...
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 ...
custody
custody [Latin custodia, from custod- custos guardian] : care or control exercised by a person or authority over something or someone: as a : supervision and control over property that usually includes liability for damage that may occur b : care and maintenance of a child that includes the right to direct the child's activities and make decisions regarding the child's upbringing compare visitation joint custody : custody of a child shared by divorced or separated parents who alternate physical custody of and share in decisions regarding the child called also shared custody phys·i·cal custody : custody that includes sharing a residence with a child shared custody : joint custody in this entry sole custody : custody of a child awarded to only one person and usually to a parent tem·po·rary custody : custody awarded until a final judgment in a matter (as a divorce) is made c : official restraint on freedom (as by arrest or imprisonment or by release on bai...
Lawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
delivery
delivery pl: -er·ies : an act that shows a transferor's intent to make a transfer of property (as a gift) ;esp : the transfer of possession or exclusive control of property to another actual delivery : a delivery (as by hand or shipment) of actual physical property (as jewelry or stock certificates) conditional delivery : a delivery after which ownership will be transferred upon fulfillment of a condition compare gift causa mortis at gift NOTE: A conditional delivery is usually made in order to make a transfer revocable. constructive delivery : a delivery of a representation of property (as a written instrument) or means of possession (as a key) that is construed by a court as sufficient to show the transferor's intent or to put the property under the transferee's control called also symbolic delivery ...
zone of danger
zone of danger :the area within which one is in actual physical peril from the negligent conduct of another person NOTE: Some jurisdictions require that a bystander who witnesses a direct injury to another can only recover for negligent infliction of emotional distress if he or she was also in the zone of danger—that is, in actual danger of physical injury. ...
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....
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