in Posse

Posse

Posse, a possibility. A thing is said to be in posse when it may possibly be; in esse when it actually is....

In posse (in a state of possibility)...

Origine propria neminem posse voluntate sua exim manifestum est

Origine propria neminem posse voluntate sua exim manifestum est [Lat.], it is manifest that no one is able, of his own will, to get rid of his proper origin.--Cod. 10, 38, 4, (It is evident that no one is able, of his own pleasure, to do away with his proper origin.) For the application of this maxim, see Broom's Legal maxims...

Ultra posse non potest esse et vice versa

Ultra posse non potest esse et vice versa, what is beyond possibility cannot exist....

in posse

in posse [Medieval Latin, in possibility] : not in actuality : having a potential to exist compare in esse ...

In esse

In esse (actually existing), distinguished from in posse, which means that which is not, but may be. A child before birth is in posse; after birth, in esse....

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...

Recovery of land

Recovery of land, the title, since the Judicature Acts, of the action of 'ejectment' to transfer the poss-ession of land from the wrongful to the rightful owner.Under the County Courts Orders, see Order V., actions to recover possession of land under ss. 138 and 139 of the County Courts Act, 1888, were to be so called in distinction from actions of ejectment under s. 59, ibid., but by the County Courts Act, 1934, s. 48, county courts have jurisdiction over actions for the recovery of land where neither the value of the land nor the rent exceeds 100l. per annum, and references to ss. 138 and 139 of the Act of 1888 are to be construed as references to s. 48 of 1934. As to the judges' discretion under s. 138 of the County Courts Act, 1888, see Sheffield Corporation v. Luxford, (1929) 2 KB 180....

Power of the County

Power of the County. See POSSE COMITATUS....

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