Constructive Possession - Law Dictionary Search Results
Base fee
and a base fee becomes a fee simple absolute if the person entitled to it has been in possession for twelve years after the original tenant-in-tail might have barred the remainders without consent of any protector of … the fee-simple to another in the property entailed upon him, such other takes a qualified fee by legal construction, determinable on the death of the tenant-in-tail and failure of the issue under the entail. Another example of
intent
purpose to commit a tortious act having consequences that the actor desires and believes or knows will occur constructive intent : intent that is inferred to exist (as from willfulness or recklessness) in relation to an act … another sometimes specified crime [entered the apartment with intent to commit theft therein] [a drug dealer charged with possession with intent]
Joint-tenancy
as for life, and the other as for years; and they must hold it by the same undivided possession, for each has an undivided moiety of the whole, and not the whole of an undivided moiety, though … or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more
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conversion
same company usually at a preset ratio or price and at a preset time equitable conversion : the constructive conversion of real property into personal property esp. as a result of a contract for sale of land … personal property without authorization or justification (as a lien) and esp. of depriving the owner of use and possession see also fraudulent conversion
Chose
(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, … inequity, see Torkington v. Magee, 1902 KB p. 430, and 1903 (1) KB 644, for cases on the construction of the section. The above enactment does not, how ever impair or affect the validity of equitable assignments
Tail
defeasible by the entry not only of the reversioner, or remainder-man, when he becomes entitled to enter into possession of the estate but also of the issue-in-tail upon the death of the tenant-in-tail. after 1925 a devise … in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which these were converted on the 1st January, 1926, or created after that date.
Deed
as an aid to collect the intention of the parties to the instrument, and a key to its construction. Thus a recital may restrain the effects of general phraseology in the operative part of a deed, and … before or after execution. See STAMPS. Though a deed may be good in point of form, as apparently possessing the external and internal circumstances necessary to its validity, yet it may be rendered invalid from many causes,
Any person
any application. Thus by use of words 'any person' it includes all the persons resisting the delivering of possession, claiming right in the property, even those not bound by the decree, including tenants or other persons claiming … or his authorised representative travelling in the goods vehicle, Parliament has now made it clear that such a construction is no longer possible. The scope of this rationale does not, however, extend to cover the class of
Person
in Order 30 Rule 10 of Code of Criminal Procedure does not include a company because such a construction will be repugnant to the context, Modi Vanaspati Manufacturing Company v. Katihar Jute Mills (P) Ltd., AIR 1969 … as presented to public view usually with its appropriate coverings and clothing; a living individual unit; a being possessing or forming the subject of personality, Webster's Third New International Dictionary. Means any company or association or body
Operation and maintenance of a railway
a railway, before any one can be charged with the offence u/s. 3 of the Railway Stores (Unlawful Possession) Act, 1955, it must be shown that he was in possession of railway stores which by the definition … property of a railway administration but only those which are used or intended to be used in the construction, operation or maintenance of a railway, Kashmiri Lal v. State of Uttar Pradesh, AIR 1970 SC 1868: (1970)
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