Ousting - Law Dictionary Search Results

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Disseize

To deprive of seizin or possession to dispossess or oust wrongfully one in freehold possession of land followed by of as to disseize a tenant of his freehold...

Evict

To dispossess by a judicial process to dispossess by paramount right or claim of such right to eject to oust...

ousting

the act of ejecting someone or forcing them out ouster...

Dispossessed, the word 'dispossessed' in the second proviso means to be out of possession, removed from the premises, ousted, ejected or excluded. Even where a person has a right to possession but taking the law into his hands make' a forcible entry otherwise than in due course of law, it would be a case of both forcible and wrongful dispossession, R.H. Bhutani v. Man J. Desai, AIR 1968 SC 1444 (1449). [Criminal Procedure Code (1898), s. 145(4) and Proviso 2 and, (6)]...

Dispossession

Dispossession, Voluntary giving up of possession does not amount to dispossession unless the law provides for it. 'Dispossess' according to Black's Law Dictionary means: 'To oust from land by legal process; to eject, to exclude from realty.' The dispossession should have been, therefore, either by legal process or by physical act of exclusion, Thondiram Tatoba Kadam v. Ram chandra Balwantrao Dubal, (1994) 3 SCC 366.Dispossession, occurs where a person come in and drives out the others from possession, Buckinghamshire County Council v. Moran, (1990) Ch 623.That an uncompleted contract for the sale of charity land was not a 'disposition' of that land for the purpose of s. 36(1) and (2) of the 1993 Act; that s. 37(4) could only validate a disposition to which s. 36(1) or (2) applied......... deputy Judge, Boyoumi v. Women's Total Abstinence Educational Union Ltd., (2004) 2 WLR 181 [Charities Act, 1993 (C 10), ss. 36, 37(4)]....

Ejectment

Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (...

Inter-State Council

Inter-State Council, in Australia an inter-State Commission is established for the execution and maintenance within the Commonwealth of the provisions of the Australian Constitution relating to trade and commerce; in U.S.A. the Council of State Governments is created to consider inter-State problems of broadest character, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. K, p. 200.Inter-State Council, in India, the Inter-State Council is established by the President by an Order in the public interest the President defines the nature of duties to be performed by it and its organisation and procedure; the duties of the Council are:(a) to inquire into and advise upon disputes which may have arises between States;(b) to investigate and discuss subject of common interest between the Union and the States or between two or more States;(c) to make recommendation upon any such subject particularly for better co-ordination of policy and action with respect to that subject, ...

Possession is nine points of the law

Possession is nine points of the law. This adage is not to be taken to be true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his; but it places in a stronger light the legal truth that every claimant must succeed by the strength of his own title and not by the weakness of his antagonists. For instance, if the claimant be able to show a descent from the grantor of the estate, perfect except in one link of the chain, and the man in possession be a perfect stranger, the latter shall keep the estate; and so, also, if the claimant be a natural son of the last owner and adopted by him, and declared by him to be designed as his heir, yet if he dies without making a will in his favour, a stranger in possession has a better title. In Beddall v. Maitland, (1881) 17 Ch D p. 183, Sir Edward Fry, speaking of the statute 5 Rich. 2, stat. 1, c. 8, which makes a forcible entry an indictable offence, says: 'This statute c...

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