Residential Premises - Law Dictionary Search Results
Home Dictionary Name: residential premises Page 1 of about 14 results ( seconds)Residential premises
Residential premises, 'residential premises' are not only those which are let out for residential purposes nor does the expression cover all kinds of structures where humans may manage to dwell. The art of building is advanced far enough to make a building serve a residential, commercial or other use. Whatever is suitable or adaptable for residential uses, even by making some changes, can be designated 'residential accommodation', Busching Schmitz (P) Ltd. v. P.T. Menghani, AIR 1977 SC 1569 (1576): (1977) 2 SCC 835: (1977) 3 SCR 312.Residential premises are not only plots which are let out for residential purposes nor do all kinds of structures where humans may manage to dwell are residential. Use or purpose of the letting is no conclusive test. Whatever is suitable or adaptable for residential use, even by making some changes, can be designated residential premises, S.P. Jain v. Krishna Madan Gupta, AIR 1987 SC 222 (227): (1987) 1 SCC 191....
Premises let for residential purposes
Premises let for residential purposes, the premises let for residential purposes should be construed liberally and not technically or narrowly; meaning thereby, where the premises are solely let for residential purposes they are undoubtedly covered by s. 14(1) (e) but even when the premises are let out for composite or mixed purposes if the predominant or main purpose of letting is for residential purposes, the same would be included within the expression 'the premises let for residential purposes.' An incidental, a secondary or unauthorized user of the premises for purposes other than residence would not take the premises out of the meaning of the expression 'the premises let for residential purposes', Precision Steel and Engineering Works v. Prem Deva etc., AIR 2003 SC 650 (654): (2003) 2 SCC 236. [Delhi Rent Control Act, 1958, s. 14(1)(e) and Explanation 1]...
Premises
Premises (pr'missa), in logic, propositions antecedently supposed or proved. In a deed the 'premises' are all the parts preceding the habendum. The word properly applies to what has been previously described or mentioned, and is used only in that sense in well-drawn instruments (Dav. Prec. in Conveyancing, vol. i.). It is, however, often used as meaning land or houses.For the statutory meaning, see particular statutes, e.g., (English) Public Health Act, 1875, s. 4, where 'premises' includes messuages, buildings, lands, easements, tenements and hereditaments of any tenure.Include any shop, stall, or place where any article of good is sold or manufactured or stored for sale. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (xi)]Means any land or any building or part of a building and includes-The garden, grounds and outhouses, if any, appertaining to such building or part of a building, andAny fittings affixed to such building or part of a building for the more beneficial en...
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
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....
Residential house
Residential house, must be treated as including a flat constructed above the commercial plot on the ground floor. This will be so even if originally the plot was allotted for commercial purposes, if incidentally construction of residential plot above the ground floor, commercial plot is permitted as per the plans, Chandigarh Housing Board v. Narinder Kaur Makol, AIR 2000 SC 2616Residential house, includes flats constructed over commercial premises on ground floor, Chandigarh Housing Board v. Narinder Kaur Makal, (2000) 6 SCC 415: AIR 2000 SC 2616....
Occupation
Occupation, also is employed as referring to that which occupies time and attention; a calling; or a trade; and it is only as employed in this sense that the word is discussed in the following paragraphs.There is nothing ambiguous about the word 'occupation' as it is used in the sense of employing one's time. It is a relative term, in common use with a well-understood meaning, and very broad in its scope and significance. It is described as a generic and very comprehensive term, which includes every species of the genus, and encompasses the incidental, as well as the main, requirements of one's vocation calling, or business. The word 'occupation' is variously defined as meaning the principal business of one's life; the principal or usual business in which a man engages; that which principally takes up one's time, thought, and energies; that which occupies or engages the time and attention; that particular business, profession, trade, or calling which engages the time and efforts of an ...
Commercial and domestic
Commercial and domestic, in Stroud's Judicial Dictionary (Fifth Edition) the term 'commercial' is defined as 'traffic, trade or merchandise in buying and selling of goods'. In the said dictionary the phrase 'domestic purpose' is stated to mean use for personal residential purposes. In essence the question is, what is the character of the purpose of user of the premises by the owner or landlord and not the character of the place of user. The New Delhi Municipal Council is entitled to charge for use of electricity in a guest house at the rate applicable to 'commercial' use, New Delhi Municipal Council v. Sohan Lal Sachdev, (2000) 2 SCC 494: AIR 2000 SC 1859 (1861). [Electricity Act, 1910, s. 23]...
Residential accommodation
Residential accommodation, simply means that the accommodation should be capable of being used as a residence or should have been built as a residence. Even if a portion of the accommodation is being used by the tenant as his office, this would merely mean the purpose other than residential, but would not convert a residential accommoda-tion into a non-residential accommodation, P.N. Karkhanis v. P.N. Chopra, 1977 RCJ 560.Residential accommodation, the expression 'residen-tial' qualifies the word 'accommodation' and the former is clearly descriptive of the latter. The expression, therefore, clearly denotes the purpose for which the premises was built, the use to which it was intended to be put and the category to which it belongs. It is used in contradistinction to a shop or a house of business. Whether an accommodation is residential or not would, therefore, depend on these factors and the purpose for which it was let out to a particular tenant or the actual use to which it is put or ...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
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