Monthly Archives: October 2018

Corpus Possession & Permissible Possession

Corpus Possession means that there exists such physical contact of the thing by the possessor as to give rise to the reasonable assumption that other person will not interfere with it. Existence of corpus broadly depends on (1) upon the nature of the thing itself, and the probability that others will refrain from interfering with the enjoyment of it; (2) possession of real property, i.e., when a man sets foot over the threshold of a house, or crosses the boundary line of his estate, provided that there exist no factors negativing his control, for example the continuance in occupation of one who denies his right; and (3) acquisition of physical control over the objects it encloses. Corpus, therefore, depends more upon the general expectations that others will not interfere with an individual control over a thing, then upon the physical capacity of an individual to exclude others.

The animus possidendi is the conscious intention of an individual to exclude others from the control of an object.

There is also a concept of “constructive possession” which is depicted by a symbolic act. It has been narrated with an illustration that delivery of keys of a building may give right to constructive possession of all the contents to the transferee of the key.

A person other than the owner, if continued to have possession of immoveable property for a period as prescribed in a Statute providing limitation, openly, without any interruption and interference from the owner, though he has knowledge of such possession, would crystallize in ownership after the expiry of the prescribed period of limitation, if the real owner has not taken any action for reentry and he shall be denuded of his title to the property in law. “Permissible Possession” shall not mature a title since it cannot be treated to be an “adverse possession”. Such possession for however length of time be continued, shall not either be converted into adverse possession or a title. It is only the hostile possession which is one of the condition for adverse possession. Bhikhari v. D.D.C., 2018 (141) RD 130.

 

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Permanent Alimony – After Passing of Divorce Decree

In the event permanent alimony has not been granted probably for the reason that no such application was moved and pressed for, the same can be applied even after passing of the decree. Section 25 of the Hindu Marriage Act itself envisages that the wife can initiate proceedings for grant of permanent alimony even after the decree of divorce. Therefore, the court does not become functus officio with the passing of the decree and continues to have jurisdiction to award alimony thereafter. Smt. Poonam Sharma v. Vishnu Kumar, 2018 (130) ALR 490.

 

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Charitable – Meaning of

Black’s Law Dictionary, 9th Edition defines “charitable”, “charitable purpose”, “charitable corporation” and “Charitable trust” thus:

“charitable, adj. (1) Dedicated to a general purpose, usually for the benefit of needy people who cannot pay for the benefits received.”

“Charitable Purpose.—The purpose for which an organization must be formed so that it qualifies as a charitable organization under the Internal Revenue Code.—Also termed charitable use.”

“Charitable Corporation.—A non-profit corporation that is dedicated to benevolent purposes and thus entitled to special tax status under the Internal Revenue Code.—Also termed eleemosynary corporation.”

“Charitable Trust.—A trust created to benefit a specific charity, specified charities, or the general public rather than a private individual or entity. Charitable Trusts are often eligible for a favourable tax treatment. If the Trust’s terms do not specify a charity or a particular charitable purpose, a court may select a charity.—Also termed public trust; charitable use.”

In Webster’s New World Dictionary, the expressions “charitable” and “charity” are defined thus:

“Charitable.—1. Kind and generous in giving money or other help to those in need.

  1. of or for charity.
  2. Kindly in judging others; lenient.

Charity.—1. In Christianity, the love of God for man or of man for his fellow men. 2. An act of goodwill or affection. 3. The feeling of goodwill; benevolence. 4. The quality of being kind or lenient in judging others. 5. A giving of money or other help to those in need; benefaction. 6. An institution, organization, or fund for giving help to those in need.”

In Incorporated Council of Law Reporting for England and Wales v. Attorney General, (1971) 3 WLR 853, it was observed that when a purpose has been proved to be of general public welfare or beneficial to the community, it will be held to be charitable unless there is some reason for holding that it is not within the spirit and intendment of the Preamble.

In Jones v. Williams, 27 ER 422, it was held thus: “Charity to be a gift to a general public use, which may extend to the poor as well as to the rich. It embraces all that is usually understood by the words “benevolence”, “Philanthropy” and “good will”. A gift to a home for the friendless is a gift to charity. Union of India v. Moolchand Khairati Ram Trust, (2018) 8 SCC 321.

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