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Permissive Use - Law Dictionary Search Results

Home Dictionary Name: permissive use

Permissive use

Permissive use, a passive use which was resorted to before the Statute of Uses, in order to avoid a harsh law, as that of mortmain or a feudal forfeiture; it was a mere invention in order to evade the law by secrecy, as a conveyance to A to the use of B. A simply held the possession, and B. enjoyed the profits of the estate. See PASSIVE USE....


Passive use

Passive use, a permissive use. See PASSIVE TRUST and USES....


Exemption, permission

Exemption, permission, Foreign Exchange Regula-tion Act, uses diverse words like, 'authorise', 'exempt' and 'permission' in different parts. The word 'exempt' shows that a person is put beyond the application of law, while 'permission' shows that he is granted leave to act in a particular way. But the word 'permission' is a word of wide import. 'Permission' in this s. means only leave to do some act which but for the leave would be illegal. In this sense, exemption is just one way of giving leave, Dharrajamal Gobindram v. Sharmji Kalidas, AIR 1961 SC 1285 (1290). [Foreign Exchange Regulation Act, (7 of 1947), ss. 21, 5]...


Permission

Permission, 'permission' is a word of wide import and may even survive the death of the person who permits. Manohar Nathusao Samarth v Marotrao AIR 1979 SC 1084 (1088): (1979) 4 SCC 93: (1979) 3 SCR 1078.Permission means factual permission and not given the right to a person as an occupant under s. 5(1)(b) of the Jagirs Abolition Act. Thakoreshri Naharasinghji Dolatsinghji v. State of Gujarat, AIR 1980 SC 59: (1979) 4 SCC 291: (1980) 1 SCR 290. [Bombay Land Revenue Code, s. 40]The word 'permission' is comprehensive enough to include subsequent permission, L.I.C. of India v. Escorts Ltd., AIR 1986 SC 1370: (1986) 1 SCC 264: (1985) Supp 3 SCR 909.The word 'permission is a word of wide import. 'Permission' in s. 21 of the Foreign Exchange Regulation Act, 1947 means only leave to do some act which but for the leave would be illegal, M/s. Dhanrajamal Gobindram v. Shamji Kalidas and Co., AIR 1961 SC 1285 (1290). (FERA, 1947, s. 21)Permission, includes, subsequent permission, L.L.C. v. Escort...


Adverse possession

Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...


permissive

permissive 1 : based on or having permission [ occupancy] [a user of the vehicle] 2 : granting permission or discretion (as to the court) [a statute] 3 : not compulsory: as a : allowed or made under a standard, rule, or provision that permits discretion or an option see also permissive intervention at intervention permissive presumption at presumption compare compulsory b : allowed under modern rules of civil procedure although not arising from the same transaction or occurrence as the one at issue in the original claim [a counterclaim] see also permissive joinder at joinder per·mis·sive·ly adv per·mis·sive·ness n ...


Permissible area

Permissible area, in relation to a land-owner or a tenant, means thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceeds sixty acres such sixty acres. Provided that (i) ... (ii) for a displaced person - (a) who has been allotted land in excess of fifty standard acres, the permissible area shall be fifty standard acres or one hundred acres, as the case may be; (b) who has been allotted land in excess of thirty standard acres, but less than fifty standard acres, the permissible area shall be equal to his allotted area; (c) who has been allotted land less than thirty standard acres the permissible area shall be thirty standard acres, including any other land or part thereof, it any, that he owns in addition. Explanation: For the purposes of determining the permissible area of a displaced person, the provisions of proviso (ii) shall not apply to the heirs and successors of the displaced person to whom land is allotted. Munshi Ram v. Financi...


Approval and permission

Approval and permission, Ordinarily, the difference between approval and permission is that in the first case the action holds good until it is disapproved, while in the other case it does not become effective until permission is obtained. But permission subsequently granted may validate the previous Act, Uttar Pradesh Avas Evam Vikas Parishad v. Friendly Corp. Housing Society Ltd., (1995) Supp (3) SCC 456 (458): AIR 1996 SC 114 (115). [U.P. Urban Planning and Development Act, 1973, s. 59 (1) (a) Exception(iii)]...


permissive inference

permissive inference : permissive presumption at presumption ...


Permissibility

The quality of being permissible permissibleness allowableness...


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