Actual Possession - Law Dictionary Search Results
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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 ...
Khas possession
Khas possession, the definition of the expression 'khas possession' in the Bihar Land Reforms Act, is stronger from the point of view of the person who is actually cultivating the lands than that of a person who is working directly (the mines) u/s. 9 of the Bihar Land Reforms, Act, 1950, Kaviraj Basudevanand v. Mahant Harihar Gir, AIR 1974 SC 1991 (1994): (1974) 2 SCC 514: (1975) 1 SCR 590.The word used in s. 6 of the Bihar Land Reforms Act, 1950 is not 'possession' but it is qualified by the adjective 'khas possession' its equivalent being 'actual possession' as the word is understood in contradistinction to the word 'constructive posses-sion', Ramesh Bejoy Sharma v. Pashupati Rai, AIR 1979 SC 1769 (1776): (1979) 4 SCC 27: (1980) 1 SCR 6. [Bihar Land Reforms Act, 1950, s. 2(12) and 6(1)]The expression 'I have possession' in respect of culturable lands in s. 6 of the Land Reforms Act has been used in a technical sense and it means those lands which are in the private or personal posses...
Actual delivery of possession
Actual delivery of possession, expression 'actual delivery of possession' can be that actual delivery as contrasted with mere dealing in differences and such actual delivery of possession included within its scope symbolical as well as constructive delivery of possession, Duri Chand Pataria v. Bhuwlka Brothers Ltd, AIR 1955 SC 182 (187). [W. B. Jute Goods Future Ordinance (5 of 1949), s. 2(i)(b)(i)]...
Pawn or Pledge
Pawn or Pledge [fr. pignus, Lat.], a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged.A mortgage of goods is in the Common Law distinguishable from a mere pledge or pawn. By a mortgage the whole legal title passes conditionally to the mortgagee; and if the goods be not redeemed at the stipulated time, the title becomes absolute at law although equity allows a redemption. But in a pledge, a special property only passes to the pledgee, the general property remaining in the pledgor. Also, in the case of a pledge, the right of a pledgee is not consummated, except by possession; and, ordinarily, when that possession is relinquished, the right of the pledgee is extinguished or waived. But, in the case of a mortgage of personal property the right of property passes by the conveyance to the mortgagee, and the possession is not or may not be essential to create or support the title.As to things which may be the subject of pawn: These are, ordinarily, goods a...
Title
Title, means the union of all elements (as ownership possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself, Black's Law Dictionary, 7th Edn., p. 1493.Title: 1, a general head, comprising particulars, as in a book; 2, an appellation of honour or dignity; 3, the means whereby the owner of lands has the just possession of his property--titulus est justa causa pos sidendi id quod nostrum est: Co. Litt. 345b.1. The union of all elements (as ownership, possession, and custody) constituting the legal right to central and dispose of property; the2. Legal evidence of a person's ownership rights in property; an chastenment (such as a deed) that constitute such evidence3. The heading of a statute or other legal document, Black's Law Dictionary, 7th Edn.There are several stages and degrees requisite to form a complete title to lands and tenements.1. The lowest and most imperfect degree of ...
Actual change of possession
Actual change of possession, means a real, rather than constructive, transfer of ownership. A creditor of the transferor cannot reach property that has actually changed possession, Black Law Dictionary, 7th Edn., p. 36....
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....
Seisin
Seisin, possession. The word is now confined to the possession of an estate of freehold.Possession of a freehold estate in land; ownership, Black's Law Dictionary, 7th Edn., p. 1362.There is a seisin in deed, as when an actual possession is taken; or in law, where lands descend, and one has not actually entered upon them. Seisin of the freehold may be defined to be the possession of such an estate in land as was anciently thought worthy to be held by a free man (Williams on Seisin, p. 2). See Leach v. Jay, (1878) 9 Ch D 42; Copestake v. Hoper, (1908) 2 Ch 10; Thackray v. Norman, 1914 WN 303; and consult Williams onSeisin; Co. Litt. 266 b and 330 b (notes.See also addenda, REGISTER OF SASINES....
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