Wrongful Occupation - Law Dictionary Search Results
Home Dictionary Name: wrongful occupationWrongful occupation
Wrongful occupation, cannot therefore be interpreted to mean only in breach of any of the terms and conditions of the contract and can legitimately take in its sweep unlawful occupation, Raptakos Brett & Co. Ltd. v. Ganesh Property, AIR 1998 SC 3092....
wrongful
wrongful 1 : constituting a wrong ;esp : injurious to the rights of another [a act or omission] 2 : unlawful [remained in occupation of the property] [a occupant] wrong·ful·ly adv wrong·ful·ness n ...
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 ...
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 ...
Unauthorised occupation
Unauthorised occupation, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. [Public Premises (Eviction of Unauthorised Occu-pants) Act, 1971 (40 of 1971), s. 2 (g)]The expression 'unauthorised occupation' is explain-ed in s. 437A of the Bombay Provincial Municipal Corporation Act, 1949 in relation to any person authorised to occupy any municipal premises to include the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined, Ahmedabad Municipal Corporation v. Ramanlal Govindram, AIR 1975 SC 1187: (1975) 1 SCC ...
Occupancy
Occupancy, mere possession or use either by agreement or otherwise without other claim (if any) to the ownership or enjoyment of property, also taking possession of land to which no one else lays claim or without leave of the owner.The right of occupancy has been confined by the laws of England within a very narrow compass, e.g., where a person was tenant pur autre vie, or had an estate granted to himself only (without mentioning his heirs) for the life of another man, and died without alienation, during the life of the cestui que vie, or him by whose life it was holden; in this case, he that entered first on the land was called the occupant or common occupant and might lawfully retain the possession so long as the cestui que vie lived, by right of occupancy, see Re Michell, Moore v. Moore, (1892) 2 Ch 96. The title of common occupancy is now, in effect abolished, for it is enacted by the Wills Act, 1837, s. 3, that an estate pur autre vie, of whatever tenure, and whether it be an inco...
Occupant
Occupant, he who is in possession of a thing. See OCCUPANCY.A person in occupation. A person should be in occupation in his own right and not on behalf of someone else, Upper Ganges Sugar Mills Ltd. v. Khalil-ul-Rahman, AIR 1961 SC 143: (1961) 1 SCR 564.It is legitimate to conclude that even a Jagirdar or a Muafidar is an occupant, Maulana Shamsuddin v. Khushilal, AIR 1978 SC 1740: (1979) 1 SCC 121: (1979) 1 SCR 582. [Bhopal State Land Revenue Act, 1932, s. 2(15)]The expression 'occupant' though not defined in the Act, means a person holding the land in possession or actual enjoyment, Shiveshwar Prasad Narain Singh v. Ghurahu, AIR 1979 SC 413: (1979) 3 SCC 23: (1979) 2 SCR 296. [U.P. Zamindari Abolition and Land Reforms Act, 1950 (1 of 1951), s. 20(b)(i)]Occupant is a person who having obtained the right to possess a public premises, has the right to prohibit entry of another into it, Narayan Ch. Rana v. Balasore Municipal Council, AIR 1991 Ori 179.The word 'occupant' must mean a perso...
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Occupation and possession
Occupation and possession, the 'occupation' or 'possession' which is synonym of 'occupation' in this context may take various forms and even keeping the household effects and locking up that portion by the owner instead of letting out to any body are acts of occupation. Even if a landlord is serving outside or living with his near relations but makes casual visits to his house and thus retains control over the entire or a portion of the property, he would in law be deemed to be in occupation of the same, Bimla Devi v. First Additional District Judge, AIR 1984 SC 1376: (1984) 2 SCC 582: (1984) 3 SCR 315....
Traditional occupation
Traditional occupation, 'traditional occupation' means an occupation followed in a family in which it is handed down by an ancestor to his posterity. If there is a s. of the population following an occupa-tion of that description that s. can be regarded as a class. Such occupations are generally occupations in which some special skills are necessary like those of an artisan or a craftsman, Janki Prasad Parimoo v. State of Jammu and Kashmir, AIR 1973 SC 930 (939): (1973) 1 SCC 420: (1973) 3 SCR 236....
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