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Temporary Occupation - Law Dictionary Search Results

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Temporary occupation

Temporary occupation, in relation to any public premises, means occupation by any person on the basis of an order of allotment made under the authority of the Central Government, a State Government, the Government of a Union Territory or a statutory authority for a total period (including the extended period, if any) which is less than thirty days. [Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971), s. 2 (fb)]...


Booth

A house or shed built of boards boughs or other slight materials for temporary occupation...


Tenancy

Tenancy [fr. tenentia, law Lat.], the condition of a tenant; the temporary possession of what belongs to another by his consent.1. The possession or occupancy of land by right or title esp. under a lease a leasehold interest in real estate 2. The Period of such possession or occupancy, Black's Law Dictionary, 7th Edn.Tenancy, is a heritable right unless a legal bar operating against heritability is shown to exist, Parvinder Singh v. Renu Gautam, (2004) 4 SCC 794.Tenancy, is a relationship between a landlord and a tenant and that relationship is in respect of a subject-matter, AIR 2006 NOC 272 (Bom).Means the possession or occupancy of land by right or title, especially under a lease, a leasehold interest in real estate, Black's Law Dictionary, 7th Edn., p. 1477...


tenancy

tenancy pl: -cies 1 : the holding of or a mode of holding an estate in property: a : a form of ownership of property : tenure b : the temporary possession or occupancy of property that belongs to another holdover tenancy : a tenancy that arises when one remains in possession of property after the expiration of the previous tenancy (as one under a lease), that may be established as a tenancy at will by the recognition of the landlord (as by accepting rent), and that may sometimes be statutorily converted to a periodic tenancy for the same or a different term than that of the original tenancy [liable for payment of rent in a holdover tenancy] called also tenancy at sufferance joint tenancy : a tenancy in which two or more parties hold equal and simultaneously created interests in the same property and in which title to the entire property is to remain to the survivors upon the death of one of them (as a spouse) and so on to the last survivor [a right to sever the joint tenancy]...


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...


Encroachment

Encroachment. An unlawful gaining upon the possession of a neighbour.An infringement of another's rights or intrusion of another's property, Black's Law Dictionary, 7th Edn., p. 547.Means unauthorised occupation of Government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use, the Delhi Laws (Special Provisions) Act, 2006, s. 2(c)....


Portiliminium

Portiliminium, denotes the doctrine under which the territory, individuals and property, after having come in time of war under the authority of the enemy, return, either during the war or at its end, under sway of their original sovereign. Their mere possession in the course of war, does not suffice generally to transfer title or sovereignty as against the enemy owner or sovereign. The rights of the owner of sovereign are merely suspended rather than destroyed by temporary loss of possession and the legal state of things existing prior to the hostile occupation is re-established, Singhal's Jurisprudence, p. 259....


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...


Residence

Residence, is a concept that may also be transitory. Even when qualified by the word 'ordinarily' the word 'resident' would not result in construction having the effect of a particular place for dwelling always or on permanent uninterrupted basis. Thus understood, even the requirement of a person being 'ordinarily resident' at a particular place is incapable of ensuring nexus between him and the place in question, Kuldip Nayar v. Union of India, AIR 2006 SC 3127.Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the local limits of the court, more specially where there is residence outside those limits marked with a considerable measure of continuance, Paster J.S. Singh v. Jyotsana Singh, AIR 1982 MP 122 [See Divorce Act, 1869, s. 3(3)]Residence, is generally understood as referring to a person in connection with the place wh...


Rate

Rate, A contribution levied by some public body for a public purpose, as a poor rate, a highway rate, a sewers rate, upon, as a general rule, the occupiers of property within a parish or other area.Proportional or relative value; the proportion of which quantity or value is adjusted, Black's Law Dictionary, 7th Edn., p. 1268.The term 'rate' is also used to mean a charge by a water, gas, railway, or other public undertaking for services rendered e.g., (English) Railways Act, 1921, s. 20; Metropolitan Water Board Charges Act, 1921 (11 & 12 Geo. 5, c. xciv.).The poor rate was levied under the (English) Poor Relief Act, 1601 (43 Eliz. s. 2), on the occupiers in each parish of 'lands, houses, tithes, coal mines, or saleable underwoods,' and the (English) Rating Act, 1874, extended the liability to rates to: (1) land used for a plantation or a wood, or for the growth of saleable underwood, and not subject to any right of common; (2) rights of fowling, shooting, taking, or killing game, or ra...


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