Occupy - Law Dictionary Search Results
Home Dictionary Name: occupyOccupier
Occupier, includes, --(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable.(ii) an owner in occupation of or otherwise using his land or building.(iii) a rent-free tenant of any land or building, and(iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building. [The Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(i)]Means a person who occupies a site or building within a zone and including his successors and assignees. [The Rajasthan Special Economic Zones Development Act, 2003, s. 2(h)]Occupier, of a jute-mill means the person who has ultimate control over the affairs of the jute-mill. [The West Bengal Value Added Tax Act, 2003, s. 2(25)]The person residing in or upon or having a right to reside in or upon any house, land, or place; formerly rateable to the poor rate under the Poor Rel...
Residential occupier
Residential occupier, means a person who resides or is usually resident in premises used for the purposes of a private dwelling, and having at the relevant date a rateable value not exceeding the specified limit, and who (1) is the occupier of the hereditament which consists of or includes the premises, or (2) is not the occupier of the hereditament which consists of or includes the premises but pays the rates chargeable in respect of the hereditament for the rebate period concerned, and is the spouse or former spouse of a person who is the occupier of the hereditament but does not reside and is not usually resident there, or (3) is not occupier of the hereditament which consists of or includes the premises, but make payments by way of rent in respect of the premises to the occupier of the hereditament or to any other person who is himself a residential occupier, Halsbury's Laws of England, 4th Edn., Vol. 39, p. 173, p. 196....
Occupier of a factory
Occupier of a factory, means the person who has ultimate control over the affairs of the factory, and, where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory. [Employees' Provident Funds and Miscellaneous Provisions Act, 1952, s. 2(k)]The 'occupier' in general means a person who occupies the factory either by himself or his agent. He may be an owner, he may be a lessee or even a mere licensee, but he must, court think, have the right to occupy the property and dictate how it is to be managed, Emperor v. Jamshedji Naserwanji Modi, AIR 1931 Bom 308.The expression 'occupier' is not to be equated with 'owner', John Donald Mackenzie v. Chief Inspector of Factories, AIR 1962 SC 1351 (1352)....
Occupier's Liability Notice
Occupier's Liability Notice, the notice which the owner of land out of which tithe rent-charge issues is required, by sub-s. 6 of s. 2 of the Tithe Act, 1891, to give to the owner of the tithe rent-charge of the liability of the occupier of the land, under a contract made before the Act, to pay such tithe rent-charge to such owner of land. Unless this notice (which is styled an 'occupier's liability notice' by r. 3 of the Tithe Rent-charge Recovery Rules, 1891) is served as required by the Tithe Act, 1891, the landowner may not recover from the occupier any sum which he has paid for tithe rent-charge, without a certificate from the County Court 'that there was good and sufficient cause for the failure to give such notice, and that the occupier has not been prejudiced thereby.' For form of notice, see Thring's Tithe Act, 1891 p. 58, and now, generally, the (English) Tithe Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 43), s. 20(3) (Transitional Provisions)....
Occupier and owner
Occupier and owner, s. 4, Easement Act shows, that not merely the 'owner' but even an 'occupier' may acquire an 'easement' and there is no prima facie reason why the enjoyment he had as an 'occupier' should not be tacked on to his enjoyment as 'owner' if there should be no interruption in his user, Chinnasami Goundan v. A.S. Balasundara Mudaliar, AIR 1934 Mad 575....
Occupy possession
Occupy possession, the term, 'possession' and 'occupy' are in common parlance used inter-changeably. However, in law, possession over a property may amount to holding it as owner but to occupy is to keep possession of by being present in it, Ram Dass v. Davinder, (2004) 3 SCC 684 (687)....
Possession and occupy
Possession and occupy, the terms 'possession' and 'occupy' are in common parlance used inter-changeably. However, in law, possession over a property may amount to holding it as an owner but to occupy is to keep possession of by being present in it, Ram Dass v. Sunder, (2004) 3 SCC 684 (687)....
Occupied land
Occupied land, 'occupied land' means land held immediately before the commencement of this Act on any of the following tenures, namely: (a) Ex-proprietary (b) Pukhta Maurusi (c) Mamuli Maurusi (d) Gain Maurusi and includes land held as khudkasht and land comprised in a homestead, State of Madhya Pradesh v. Sardar D.K. Jadhav, AIR 1972 SC 1530 (1534): (1972) 1 SCC 402: (1972) 2 SCR 864....
Occupier of land
Occupier of land, an occupier is a person in use or enjoyment of the land, that is a person having the actual use or occupation, H.R. Rama Rao v. The Collector, AIR 1957 AP 1042 (1044). [Madras District Boards Act, (14 of 1920), s. 78]...
Occupy
Occupy, The word 'occupy' used in Rule 10(a) is not restricted either expressly or by anything contained in the context of the rule suggesting that the occupation is to be only for residential purposes, and in the absence of any such implication the rule must be deemed to be of general application i.e. it applies to uses non-residential as well as residential, Corporation of the City of Nagpur v. Nagpur Handloom Cloth Market Co. Ltd., AIR 1963 SC 1192 (1197): (1963) 2 Supp SCR 796. [City of Nagpur Corporation Act, 1950 (2 of 1950)]In order to be in occupation of the demised premises, physical possession of the tenant therein is not an essential requisite for avoiding the penal con-sequences of ejectment, Buta Ram v. Balwant Singh, AIR 1989 P&H 17 (20)....
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