Occupancy - Law Dictionary Search Results
Home Dictionary Name: occupancyOccupation
Occupation, also is employed as referring to that which occupies time and attention; a calling; or a trade; and it is only as employed in this sense that the word is discussed in the following paragraphs.There is nothing ambiguous about the word 'occupation' as it is used in the sense of employing one's time. It is a relative term, in common use with a well-understood meaning, and very broad in its scope and significance. It is described as a generic and very comprehensive term, which includes every species of the genus, and encompasses the incidental, as well as the main, requirements of one's vocation calling, or business. The word 'occupation' is variously defined as meaning the principal business of one's life; the principal or usual business in which a man engages; that which principally takes up one's time, thought, and energies; that which occupies or engages the time and attention; that particular business, profession, trade, or calling which engages the time and efforts of an ...
Unauthorised occupation
Unauthorised occupation, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. [Public Premises (Eviction of Unauthorised Occu-pants) Act, 1971 (40 of 1971), s. 2 (g)]The expression 'unauthorised occupation' is explain-ed in s. 437A of the Bombay Provincial Municipal Corporation Act, 1949 in relation to any person authorised to occupy any municipal premises to include the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined, Ahmedabad Municipal Corporation v. Ramanlal Govindram, AIR 1975 SC 1187: (1975) 1 SCC ...
Occupancy
Occupancy, mere possession or use either by agreement or otherwise without other claim (if any) to the ownership or enjoyment of property, also taking possession of land to which no one else lays claim or without leave of the owner.The right of occupancy has been confined by the laws of England within a very narrow compass, e.g., where a person was tenant pur autre vie, or had an estate granted to himself only (without mentioning his heirs) for the life of another man, and died without alienation, during the life of the cestui que vie, or him by whose life it was holden; in this case, he that entered first on the land was called the occupant or common occupant and might lawfully retain the possession so long as the cestui que vie lived, by right of occupancy, see Re Michell, Moore v. Moore, (1892) 2 Ch 96. The title of common occupancy is now, in effect abolished, for it is enacted by the Wills Act, 1837, s. 3, that an estate pur autre vie, of whatever tenure, and whether it be an inco...
Occupant
Occupant, he who is in possession of a thing. See OCCUPANCY.A person in occupation. A person should be in occupation in his own right and not on behalf of someone else, Upper Ganges Sugar Mills Ltd. v. Khalil-ul-Rahman, AIR 1961 SC 143: (1961) 1 SCR 564.It is legitimate to conclude that even a Jagirdar or a Muafidar is an occupant, Maulana Shamsuddin v. Khushilal, AIR 1978 SC 1740: (1979) 1 SCC 121: (1979) 1 SCR 582. [Bhopal State Land Revenue Act, 1932, s. 2(15)]The expression 'occupant' though not defined in the Act, means a person holding the land in possession or actual enjoyment, Shiveshwar Prasad Narain Singh v. Ghurahu, AIR 1979 SC 413: (1979) 3 SCC 23: (1979) 2 SCR 296. [U.P. Zamindari Abolition and Land Reforms Act, 1950 (1 of 1951), s. 20(b)(i)]Occupant is a person who having obtained the right to possess a public premises, has the right to prohibit entry of another into it, Narayan Ch. Rana v. Balasore Municipal Council, AIR 1991 Ori 179.The word 'occupant' must mean a perso...
Occupation and possession
Occupation and possession, the 'occupation' or 'possession' which is synonym of 'occupation' in this context may take various forms and even keeping the household effects and locking up that portion by the owner instead of letting out to any body are acts of occupation. Even if a landlord is serving outside or living with his near relations but makes casual visits to his house and thus retains control over the entire or a portion of the property, he would in law be deemed to be in occupation of the same, Bimla Devi v. First Additional District Judge, AIR 1984 SC 1376: (1984) 2 SCC 582: (1984) 3 SCR 315....
Traditional occupation
Traditional occupation, 'traditional occupation' means an occupation followed in a family in which it is handed down by an ancestor to his posterity. If there is a s. of the population following an occupa-tion of that description that s. can be regarded as a class. Such occupations are generally occupations in which some special skills are necessary like those of an artisan or a craftsman, Janki Prasad Parimoo v. State of Jammu and Kashmir, AIR 1973 SC 930 (939): (1973) 1 SCC 420: (1973) 3 SCR 236....
His own occupation
His own occupation, the expression 'his own occu-pation' as occurring in sub-clause (i) of clause (a) of sub-section (3) is not to be assigned a narrow meaning. It has to be read liberally and given a practical meaning 'His own occupation' does not mean occupation by the landlord alone and as an Individual [See H.P. Urban Rent Control Act, 1987], Kailash Chand v. Dharamdass, (2005) 5 SCC 375.means occupation of himself and all persons who are dependent on him, Institute of Radio Technology v. Pandurang Baburao, AIR 1946 Bom 212: ILR 1945 Bom 1038; see also Dwarkaprasad v. Niranjan, (2003) 4 SCC 549....
Occupational hazard
Occupational hazard, means a danger or risk that is peculiar to a particular calling or occupation. Occupational hazards include both accidental injures and occupational diseases, Black's Law Dictionary, 7th Edn., p. 1106....
Occupational therapist
Occupational therapist, means a person who possesses occupational therapy qualification obtained from a recognised institution specified in Sch. I and whose name has been enrolled in the Register of Occupational Therapists. [The Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(f)]...
Recognised occupational therapy 'qualification' or recognised physiotherapy qualification
Recognised occupational therapy 'qualification' or recognised physiotherapy qualification, in occupation therapy or physiotherapy, as the case may be, obtained from recognised institution of occupational therapy or physiotherapy registered in Schedule I or Schedule II, respectively. [The Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2000, s. 2(n)]...
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