Parting With Possession - Law Dictionary Search Results
Home Dictionary Name: parting with possessionParting with possession
Parting with possession, the term 'parting with possession' means possession with the right to include and also a right to exclude others, Delhi Stationers and Printers v. Rajendra Kumar, AIR 1990 SC 1208 (1209): (1990) 2 SCC 331.(ii) 'Parting with possession' means giving possession to persons other than those to whom possession had been given by the lease, Jagan Nath v. Chander Bhan, AIR 1988 SC 1362 (1364): (1988) 3 SCC 57: (1988) Supp 1 SCR 325. [Delhi Rent Control Act, 1958, s. 14(1)(b)]...
Transfer
Transfer, a permanent alienation is a transfer and a permanent alienation includes the several kinds of transfers, namely, sale, exchange or gift, Syed Jalal v. Targopal Ram Reddy, AIR 1970 AP 19.Transfer, cannot have the widest comprehension, and does not indicate or include compulsory transfer or forced transfer, like court auction sale, Kharva Gigabhai Mavji v. Soni Jagjivvan Kanji, 1979 (20) Guj LR 256.Transfer, connotes, normally, between two living persons during life; will take effect after demise of the testator and transfer in that perspective becomes incongruous, State of West Bengal v. Kailash Chandra Kapur, (1997) 2 SCC 387.Transfer, Decrees which would have the effect of extinguishing the tittle of the holder and nesting the same in some one else though not falling within the ordinary meaning of the phrase 'transfer of property' would be 'transfers' within the meaning of the term as used in ss. 4 and 5, Jagdish v. State of Madhya Pradesh, AIR 1993 MP 132. [See M.P. Ceiling...
Transferred his rights under the lease
Transferred his rights under the lease, a lease of immovable property is transfer of a right to enjoy such property. Parting with possession or control over the tenancy premises by the tenant in favour of a third person would amount to the tenant having 'transferred his rights under the lease' within the meaning of s. 14(2)(ii)(a) of the Act, Parvinder Singh v. Renu Gautam, (2004) 4 SCC 794 (800). [H.P. Urban Rent Control Act, 1987 (25 of 1987), s. 14(2)(ii)(a)]...
Conversion and detinue
Conversion and detinue, a conversion is an act of wilful interference, without lawful justification, with any chattel in a manner inconsistent with the right of another, whereby that other is deprived of the use and possession of it. If a carrier or other bailee wrongfully and mistakenly delivers the chattel to the wrong person or refuses to deliver it to the right person, he can be sued as for a conversion. The action of detinue is based upon a wrongful detention of the plaintiff's chattel by the defendant, evidence by a refusal to deliver it upon demand and the redress claimed is not damages for the wrong but the return of the chattel or its value. If a bailee unlawfully or negligently loses or parts with possession he cannot get rid of his contractual liability to restore the bailor's property on the termination of the bailment and if he fails to do, he may be sued in detinue, Dhian Singh Sobha Singh v. Union of India, AIR 1958 SC 274 (278)....
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Hypothecation
Hypothecation [fr. hypotheca, Civ. Law, a pledge in which the pledges retained possession of the thing pledged, as distinguished from pignus, where the possession was transferred to the pledge. See Sand. Just; Sith's dict. of Antiq., tit. 'Pignus'], the act of pledging a thing as security for a debt or demand without parting with the possession. There are few cases, if any, in our law where an hypothecation in the strict sense of the Roman Law exists. The nearest approaches, perhaps, are the cases of holders of bottomry bonds, and of seamen to whom wages are due in the merchant service, who have a claim against the ship in rem. But these are rather cases of liens or privileges than strict hypo-thecations. There are also cases where mortgages of chattels are held valid, without any actual possession by the mortgage, but they stand upon very peculiar grounds, and may be deemed exceptions to the general rule.It means a charge in or upon any movable property, existing or future, created by...
Stoppage in transit
Stoppage in transit. 'When the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu; that is to say, he may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price.'-Sale of Goods Act, 1893 (see that title), s. 44, embodying the law of Lickbarrow v. Mason, (1787) 6 East 21; 1 Sm LC....
Retain
To continue to hold to keep in possession not to lose part with or dismiss to restrain from departure escape or the like...
Fixed capital
Fixed capital, 'fixed capital' as what the owner turns to profit by keeping it in his own possession and 'circulating capital' as what he makes profit of by parting with it and letting it change masters, Sutlej Cotton Mills Ltd. v. Commissioner of Income Tax, AIR 1979 SC 5 (9): (1978) 4 SCC 358: (1979) 1 SCR 976....
Induction
Induction [fr. inductio, Lat., a leading into], the giving a parson possession of his church.A clerk is not complete incumbent until induction, which is performed by a mandate from the bishop to the archdeacon, or if the church be exempt from arch diaconal jurisdiction, to the chancellor or commissary, or if it be a peculiar, to the dean or judge, who usually issues a precept to another clergyman to perform it for him.The person who inducts takes the hand of the clerk, and lays it on the ring, key, or latch of the church-door, or wall of the church, or delivers a clod, turf, or twig of the glebe, and gives corporal possession of the church, saying:--By virtue of this mandate I induct you into the real, actual, and corporal possession of the church of [Stow], with all rights, profits, and appurtenances thereto belonging.'Induction is the investiture of the temporal part of the benefice or the corporal seisin, as institution (see INSTITUTION), which may take place anywhere, whereas induc...
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