Occupancy Right - Law Dictionary Search Results
Home Dictionary Name: occupancy rightOccupancy 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....
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
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 ...
bona fide occupational qualification
bona fide occupational qualification : a requirement (as relating to sex, religion, national origin, or age) for a particular job that does not violate the constitutional bans on discrimination see also Civil Rights Act of 1964 and Age Discrimination in Employment Act in the Important Laws section equal employment opportunity commission in the Important Agencies section amendment xiv to the Constitution in the back matter compare disparate impact, disparate treatment ...
Qabzadar
Qabzadar, was in old settlement decrees frequently used loosely to cover either under-proprietary rights or occupancy rights. But the correct intention in each case has to be determined by a careful study of the judgment in question, on which the decree was based and consideration of the nature of the proceedings in which the decree was passed, Bajrang Bahadur Singh v. Dasarath, (1945) All WR (Rev) 185: (1945) RD 369....
Tenant-right
Tenant-right, in England--(1) a custom ensuring to an out-going tenant compensation from his landlord for not being able to reap the full benefit of labour or improvements expended or made during the tenancy; or (2) the money due in pursuance of the custom. There is an implied contract by the landlord to pay this [Faviell v. Gaskoin, (1852) 7 Ex 273], and a custom throwing liability on the incoming tenant is bad [Bradburn v. Foley, (1878) 3 CPD 129] though as a matter of act and for convenience the incoming tenant generally pays the compensation by agreement with the landlord.Also the name given to tenures in ancient demesne in the North of England.See also CUSTOM OF THE COUNTRY and AGRI-CULTURAL HOLDINGS; MARKET GARDEN.In Ireland, also a custom either ensuring a permanence of tenure in the same occupant without liability to any other increase of rent than may be sanctioned by the general sentiment of the community; or entitling a tenant of a farm to receive purchase-money, amounting t...
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....
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