Constructive Eviction - Law Dictionary Search Results
Home Dictionary Name: constructive evictionconstructive eviction
constructive eviction see eviction ...
eviction
eviction : the dispossession of a tenant of leased property by force or esp. by legal process actual eviction : eviction that involves the physical expulsion of a tenant constructive eviction : eviction effected by substantially interfering with a tenant's enjoyment of the property (as by allowing the property to become uninhabitable) so that the tenant is regarded as evicted under law re·tal·ia·to·ry eviction : wrongful eviction of a tenant in reaction to the tenant's exercising of a right (as of reporting health code violations) contrary to the landlord's interest ...
Vacation, eviction
Vacation, eviction, eviction requires vacation of the land and vacation does not mean that anything done upon the land which was unauthorised is to be allowed to remain and only the person responsible for doing the unlawful act is to be removed from the land. The words 'eviction' and 'vacation' do not mean mere physical removal of the occupant is clear from the very nature of the right which the respondent in the present case had. His right was confined to the use and occupation of the land for the purpose for which he held it from Government, i.e., for agricultural purposes and when he is evicted and is asked to vacate the land, it must mean that his rights come to an end. For the purpose of vacation it is necessary that any unauthorised construction put up must also be removed otherwise there cannot be any vacation of the land nor can the land be put to effective use for the purpose for which agricultural lands are normally accepted to be used, State of Bombay v. Fakir Umar Dhanse, A...
actual eviction
actual eviction see eviction ...
retaliatory eviction
retaliatory eviction see eviction ...
Eviction
The act or process of evicting or state of being evicted the recovery of lands tenements etc from anothers possession by due course of law dispossession by paramount title or claim of such title ejectment ouster...
evict
evict [Medieval Latin evictus, past participle of evincere to recover (property) by legal process, from Latin, to vanquish, regain possession of] : to put (a tenant) out of property by force, by virtue of a paramount title, or esp. by legal process ...
Eviction
Eviction [fr. evinco, Lat., to overcome], dispossession; also a recovery of land, etc., by form of law. See EJECTMENT.The act or process of legally dispossessing a person of law or rental property, Black's Law Dictionary, 7th Edn., p. 575....
Construction
Construction, 'construction' does not necessarily mean construction over the land which must rise above the surface of the land in all contingencies, Jnanedaya Yogam v. K.K. Pankajashy, AIR 1999 SC 3891 (3895): (1999) 9 SCC 492. [Land Acquisition Act, (1 of 1894), s. 40(1)(b)]As to construction of statutes, see ACT OF PARLIAMENT; and of contracts, see Chitty on Contracts, Ch. v.; and of deeds, see Norton on Interpretation of Deeds.Partem aliquam recte intelligere nemo potest, antequam totum, iterum atque iterum, perlegerit. 3 Rep. 52.--(No one can rightly understand any part until he has read the whole again and again.)In contractibus benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est. Co. Lit. 112.--(In contracts, the construction ought to be liberal; in wills, more liberal; in restitutions, most liberal.)Includes any construction in place of an existing building which has been wholly or substantially demolished, Lal Chand v. District Judge...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
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