Use And Occupation - Law Dictionary Search Results
Home Dictionary Name: use and occupation Page 1 of about 55 results (0.003 seconds)Use and occupation, Action for
Use and occupation, Action for, an action for dam-ages upon the case for breach of an implied agreement to pay for the use of a landlord's property under the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 14, whereby it is enacted that it shall be lawful for the landlord, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments held or occupied by the defendant in an action on the case, for the use or occupation of what was so held or enjoyed; and if in evidence on the trial of such action any parole demise, or any agreement (not being by deed) whereon a certain rent was reserved, shall appear, the plaintiff in such action shall not therefore be non-suited, but may make use thereof as an evidence of the quantum of the damages to be recovered. Apparently, the action is not for damages ex delictu, because the action is not maintainable against a trespasser or wrong-doer, an action for debt on the demise but not upon covenant ...
use and occupation
use and occupation : an action in which the owner of property seeks compensation for use and occupation of the premises by another (as a tenant remaining in possession after expiration of a lease) ...
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 ...
Rent
Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...
Occupier
Occupier, includes, --(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable.(ii) an owner in occupation of or otherwise using his land or building.(iii) a rent-free tenant of any land or building, and(iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building. [The Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(i)]Means a person who occupies a site or building within a zone and including his successors and assignees. [The Rajasthan Special Economic Zones Development Act, 2003, s. 2(h)]Occupier, of a jute-mill means the person who has ultimate control over the affairs of the jute-mill. [The West Bengal Value Added Tax Act, 2003, s. 2(25)]The person residing in or upon or having a right to reside in or upon any house, land, or place; formerly rateable to the poor rate under the Poor Rel...
Requires
Requires, the word 'requires' in s. 13(1)(g) of the Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947 means that there must be an element of need before a landlord can be said to 'require' premises for his own use and occupation. It is not enough that the landlord should merely desire to use and occupy the premises. What is necessary is that he should need them for his own use and occupation, Phiroze Bamanji Desai v. Chandarkant M. Patel, AIR 1974 SC 1059 (1063): (1974) 1 SCC 661: (1974) 3 SCR 267.The word 'require' in s. 18 of the Land Acquisition Act, 1894 implies compulsion, Mohammed Hasnuddin v. State of Maharashtra, AIR 1979 SC 404 (411): (1979) 2 SCC 572: (1979) 2 SCR 265....
Vacation, eviction
Vacation, eviction, eviction requires vacation of the land and vacation does not mean that anything done upon the land which was unauthorised is to be allowed to remain and only the person responsible for doing the unlawful act is to be removed from the land. The words 'eviction' and 'vacation' do not mean mere physical removal of the occupant is clear from the very nature of the right which the respondent in the present case had. His right was confined to the use and occupation of the land for the purpose for which he held it from Government, i.e., for agricultural purposes and when he is evicted and is asked to vacate the land, it must mean that his rights come to an end. For the purpose of vacation it is necessary that any unauthorised construction put up must also be removed otherwise there cannot be any vacation of the land nor can the land be put to effective use for the purpose for which agricultural lands are normally accepted to be used, State of Bombay v. Fakir Umar Dhanse, A...
Drainage of house let furnished
Drainage of house let furnished. In letting a fur-nished house it is an established rule that it is fit for occupation, and in Wilson v. Finch-Hatton, (1877) 2 Ex D 336, this rule was applied to defective drainage of a London house, and the tenant who had quitted was held liable neither for the rent nor for use and occupation...
restrictive covenant
restrictive covenant 1 : a covenant acknowledged in a deed or lease that restricts the free use or occupancy of property (as by forbidding commercial use or types of structures) [one who purchases for value and without notice takes the land free from the restrictive covenant "American Jurisprudence 2d"] NOTE: For a restrictive covenant to run with the land it must be intended to do so by the original parties to it, it must directly concern the land itself and be enforceable, and there must be privity between the original parties and between the original and subsequent grantee. 2 : covenant not to compete [restrictive covenants unenforceable upon physicians "Annotated Laws of Massachusetts"] NOTE: A restrictive covenant in a work contract must be reasonable to be enforceable, which means that it must be reasonably necessary to protect the legitimate interests of the employer or partnership, must not impose undue hardship on the individual concerned, and must not harm the public i...
Occupier of land
Occupier of land, an occupier is a person in use or enjoyment of the land, that is a person having the actual use or occupation, H.R. Rama Rao v. The Collector, AIR 1957 AP 1042 (1044). [Madras District Boards Act, (14 of 1920), s. 78]...
- << Prev.
- Next >>