Physical Taking - Law Dictionary Search Results
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physical taking : a physical invasion or occupation of private property rights by a governmental action (as building a road) that exercises the right of eminent domain and for which just compensation must be given [argued that requiring the easement constituted a physical taking] compare regulatory taking ...
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Entices takes
Entices takes, the expression used in s. 361, I.P.C. is 'whoever takes or entices any minor'. The word 'takes' does not necessarily connote taking by force and it is not confined only to use of force, actual or constructive. This word merely means, 'to cause to go', 'to escort' or 'to get into possession'. No doubt it does mean physical taking, but not necessarily by use of force or fraud. The word 'entice' seems to involve the idea of inducement or allurement by giving rise to hope or desire in the other. This can take many forms, difficult to visualise and describe exhaustively; some of them may be quite subtle, depending for their success on the mental state of the person at the time when the inducement is intended to operate. This may work immediately or it may create continuous and gradual but imperceptible im-pression culminating after some time, in achieving its ultimate purpose of successful inducement, Thakorlal D. Verdgama v. State of Gujarat, AIR 1973 SC 2313 (2320); See als...
regulatory taking
regulatory taking : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation (as by inverse condemnation) compare physical taking, zoning NOTE: In order to determine whether a regulatory taking is effected by a regulation, a court will consider the government's interest that is being furthered by the regulation, the breadth or specificity of the regulation, and the extent of the regulation's impact on the owner's property rights and expectations. The U.S. Supreme Court has held that an owner can bring an action for compensation when the taking has deprived the owner of all use of the property even temporarily. Otherwise, the owner may be entitled only to declaratory relief. ...
taking
taking 1 : a seizure of private property or a substantial deprivation of the right to its free use or enjoyment that is caused by government action and esp. by the exercise of eminent domain and for which just compensation to the owner must be given according to the Fifth Amendment to the U.S. Constitution see also inverse condemnation, physical taking, regulatory taking NOTE: A governmental action that results in a mere diminution in property value is less likely to be considered a taking than one that deprives the owner of economically viable use of the property. 2 : the wrongful acquisition of control over property (as in larceny) or a person ...
Whoever takes or entices any minor
Whoever takes or entices any minor, the word 'takes' does not necessarily connote taking by force and it is not connected only to use of force, actual or constructive. This word merely means, 'to cause to go', 'to escort' or 'to get into possession'. No doubt it does mean physical taking, but not necessarily by use of force or fraud. The word 'entice' seems to involve the idea of inducement or allurement by giving rise to hope or desire in the other, Thakorlal D. Vadgama v. State of Gujarat, AIR 1973 SC 2313: (1973) 2 SCC 413: (1974) 1 SCR 178....
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...
Seize
Seize, the word means taking in physical custody, Textile Traders Syndicate Ltd., Bulandshahr v. State of U.P., AIR 1960 All 405 (407). (Criminal PC, 1898, s. 550)To forcibly take possession (of a person or property), Black's Law Dictionary, 7th Edn., p. 1363....
Conquer
To gain or acquire by force to take possession of by violent means to gain dominion over to subdue by physical means to reduce to overcome by force of arms to cause to yield to vanquish...
Definite portions
Definite portions, expression 'definite portions' indicates a physical division in which a member takes a particular item of property and not an undivided share in property, Udayam Chimnabhai v. Income Tax Commissioner, AIR 1967 SC 762 (765). [Income Tax Act, 1922, s. 75 A(2)]...
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