Occupy Possession - Law Dictionary Search Results
Home Dictionary Name: occupy possessionOccupy 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)....
Occupier
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...
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...
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)....
possession
possession 1 : the act, fact, or condition of having control of something: as a : actual possession in this entry b : constructive possession in this entry c : knowing dominion and control over a controlled substance or other contraband d in the civil law of Louisiana : the detention or enjoyment of a corporeal thing e : control or occupancy of property actual possession 1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title] 2 : direct physical custody, care, or control of property or contraband (as illegal drugs) [actual possession is not necessary to sustain a conviction "State v. Garrison, 896 S.W.2d 689 (1995)"] adverse possession : actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ...
Entry into possession
Entry into possession, does not use the word 'possession' or the words 'entry into possession, at any point of time at all. The section merely requires occupation of any public premises. Entry into possession connotes one single terminus, viz., the point of time when a person enters into possession or occupies the property whereas occupation is a continuous process which starts right from the point of time when the person enters into possession or occupies the premises and continues, until he leaves the premises. What is germane for the purpose of interpretation of s. 2(2)(g) is whether or not the person concerned was in occupation of the public premises when the Premises Act, was passed, Jain Ink. Mfg. Co. v. L.J.C., (1980) 4 SCC 435: AIR 1981 SC 670 (672). [Public Premises (Eviction of Unauthorized Occupants) Act, 1971, s. 2(2)(g)]...
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)....
Occupier
One who occupies or has possession...
Occupy
To take or hold possession of to hold or keep for use to possess...
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....
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