Occupancy - Law Dictionary Search Results
Home Dictionary Name: occupancyOccupancy
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...
Occupancy right
Occupancy right, occupancy rights are creatures of statutes, or to be more precise the creatures of custom adopted by statute, which by defining the nature of the evidence, which a person claiming such rights is required to adduce, have extended such rights to a larger class of ryots. They are creatures of custom or of statute only in the sense that acquisition of such rights by ryots does not depend upon the bounty or gift of the landlord, but they can be acquired against his will. This does not imply that the landlord cannot by grant confer on his tenant, rights exactly similar to rights of occupancy. He can in his grant define rights which he is granting to his tenant, by mentioning in detail in the different clauses of the Patta the exact incidents of the rights he is granting. If he does so, the ryot or tenant would get these rights, Jogendra Narayan Dhar v. Askarulla, AIR 1937 Cal 27: 169 IC 700....
Occupation
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 ...
certificate of occupancy
certificate of occupancy :a certificate issued by a local authority indicating that a building meets building-code requirements ...
occupancy
occupancy pl: -cies 1 : the fact or condition of holding, possessing, or residing in or on something [ of the premises] 2 : the act or fact of taking or having possession (as of abandoned property) to acquire ownership 3 : the fact or condition of being occupied [ by more than 400 persons is unlawful] 4 : the use to which a property is put [designed for industrial ] ...
Special occupancy
Special occupancy. Where an estate was before 1926 granted to a man and his heirs during the life of cestui que vie, and the grantee dies before 1926 without alienation, and while the life for which he held continued, the heir would succeed, and he was called a special occupant. See Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), ss. 3, 6; but in case of death of the tenant pur autre vie, after 1925, the equitable interest apparently devolves on the special personal representatives of the deceased, and if he dies intestate, upon trust for sale for the benefit of persons entitled under the Administration of Estates Act, 1925 (see s. 45), the old rules of descent having been abolished (see DESCENT; HEIR), and se also in the case of a limitation or trust under an instrument coming into operation after 1925 for a man and his heirs during the life of another, SHELLEY'S CASE; AUTRE VIE...
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....
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....
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....
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