Dispossess - Law Dictionary Search Results
Home Dictionary Name: dispossessDispossessed
Dispossessed, the word 'dispossessed' in the second proviso means to be out of possession, removed from the premises, ousted, ejected or excluded. Even where a person has a right to possession but taking the law into his hands make' a forcible entry otherwise than in due course of law, it would be a case of both forcible and wrongful dispossession, R.H. Bhutani v. Man J. Desai, AIR 1968 SC 1444 (1449). [Criminal Procedure Code (1898), s. 145(4) and Proviso 2 and, (6)]...
dispossess
dispossess : to put out of possession or occupancy compare evict dis·pos·ses·sion [-ze-shən] n dis·pos·ses·sor [-ze-sər] n ...
Dispossess
To put out of possession to deprive of the actual occupancy of particularly of land or real estate to disseize to eject usually followed by of before the thing taken away as to dispossess a king of his crown...
Dispossession
The act of putting out of possession the state of being dispossessed...
Adverse possession
Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...
disseise
disseise or dis·seize [dis-sēz] vt dis·seised or: dis·seized dis·seis·ing or: dis·seiz·ing [Anglo-French disseisir to dispossess, from Old French dessaisir, from des-, prefix marking reversal + saisir to put in possession of] : to deprive of seisin wrongfully : unjustly dispossess dis·sei·sor [-sē-zər] n ...
Evict
To dispossess by a judicial process to dispossess by paramount right or claim of such right to eject to oust...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Lawful possession
Lawful possession, is not litigious possession and must have some foundation in a legal right to possess the property which cannot be equated with a temporary right to enforce recovery of the property in case a person is wrongfully or forcibly dispossessed from it. Juridical possession is possession protected by law against wrongful dispossession but cannot perse always be equated with lawful possession, M.C. Chockalingam v. V. Manickavasagam, AIR 1974 SC 104 (110): (1974) 1 SCC 48: (1974) 2 SCR 143. [T.N. Cinemas (Regulation) Rules, 1957, R. 13]The term 'lawful possession' as defined in the Law Lexicon, Reprint Edition, 1987, by P. Ramanatha Aiyar at p. 712 as: The term 'lawful possession' is not convertible with 'innocent possession' in legal terminology. Intent does not enter into whether an act is unlawful or tortuous, though it does as to whether it is innocent or criminal. To establish 'lawful possession'.It is absolutely necessary for a party to prove with the documents which ca...
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....
- << Prev.
- Next >>