Constructive Possession - Law Dictionary Search Results
Home Dictionary Name: constructive possessionconstructive possession
constructive possession see possession ...
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 ...
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...
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...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
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)]...
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....
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...
Encroachment and unauthorised construction
Encroachment and unauthorised construction, there is a distinction between the two concept namely unauthorised construction and raising of construc-tion or encroached land. As far as the first facet is concerned, it fundamentally conveys that a con-struction has been raised without obtaining approved plan or map from the competent au-thority, raising of construction in total transversion of the master plan and rasing of a construction without sanctioned plan or map and in deviation in the construction which are within the compound-able on one's own land. As far as the second facet i.e. construction on the raising land is concerned it is construction raised by a person on the land of the State Government or any public authority, Panital Chowk v. State of Madhya Pradesh, AIR 1906 NOC 299....
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