The document discusses the concept of possession under jurisprudence. It defines possession as physical control over an object combined with the intention to exercise that control. There are two essential elements of possession: corpus (physical power over the object) and animus (intention to exclude others). Possession can be classified as corporeal or incorporeal, mediate or immediate, de facto or de jure, and constructive or adverse. The document also discusses definitions of possession provided by various jurists and analyzes the 1851 case Bridges v. Hawkesworth regarding the rule of finders-keepers.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
This Slide will make reader understand and develop concept of corporate personality which comes under legal personality and its types under Jurisprudence. Please do read and get more of it.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
This Slide will make reader understand and develop concept of corporate personality which comes under legal personality and its types under Jurisprudence. Please do read and get more of it.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
MBA535 - Instructor’s Outline and Notes Module 1 1.docxandreecapon
MBA535 - Instructor’s Outline and Notes
Module 1
1. To what does property refer? Property refers directly to an object, specifically, an object that
may be owned. That object may be a parcel of land or any other item that does not consist of a
parcel of land, but which may also be owned.
If the object consists of a parcel of land only, then that property may be defined as real property.
If the object is other than a parcel of land, then that property is defined as personal property.
It is often helpful to think in terms of whether an object is movable. If an object is movable,
regardless of the size of the object, then that object is personal property. For example, the space
shuttle is personal property. Despite the enormous size and the fact that it is housed in the largest
building in the world, the shuttle itself is still movable. Further, the shuttle is not a parcel of land. It
is therefore personal property.
If the property cannot be moved, then the property must be real property. This is also true
regardless of size. For example, a 12" by 12" square of land (1 square foot) is very small;
nonetheless, it is a parcel of land, and therefore real property. Additionally, it is not movable
either; this confirms its status as real property.
Another helpful analysis tool is to first determine whether some object is real property or not. If it
is not, regardless of any other characteristics it may have, that object is deemed personal
property. In other words, all property must first be discerned as real or personal. Certainly, there
are numerous and varied types of real and personal property (which we will explore in depth at a
later period), however, initially, in all instances of sorting through any legal issue concerning
property, we must first determine whether such property is real or personal. There is no third
alternative.
2. Is an object that constitutes property always material or substantive? No. Property
distinctions divide into two distinctions; tangible property and intangible property. Tangible
property is property that is actual to our senses (may be seen, touched, physically taken into
possession, etc.). Examples of tangible property include objects such as automobiles, appliances,
clothing, and personal effects. Intangible property is the converse. Intangible property may not be
seen, touched or physically taken into possession, but rather serve as evidences of an intangible
object which contains an inherent value or right. Examples include copyrights, checks, promissory
notes and certificates of deposit.
3. What is the role of the law with regard to property? The law of business is essentially
concerned with two distinct aspects or concerns of property. The first concern is always a
determination of where ownership of the property lies. The second concern is how, or in what
manner, may ownership determine how the property may be used and/or transferred and what
limitatio ...
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In this PPT various kinds of Writs have been discussed along with the relevant case laws. Also, relevant article such as Art 32 and Art 226 of the Indian Constitution have been explained.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
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A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
2. INTRODUCTION
"Possession" literary means physical control over a thing or an object. It expresses
the closest relation of fact that can exist between a thing and the person, who
possess it. In law, possession means it includes not only physical control over a
thing but also an intention to exercise that physical control.
Example: A has an article in his hand. In other words, he is in possession of that
article. The person who is in possession is called a 'Possessor'. In human life,
consumption of material things is very essential and it would be Impossible without
the position of the material things.
Therefore the concept of possession is of utmost practical importance in human
life.
3. DEFINITION
The concept of possession is though basic and essential in human life, it is a difficult to define. There is no fixed or precise
definition of possession because it is legal as well as factual concept.
Supreme Court in Superintendent Remembrancer Legal Affairs vs Anil Kumar, AIR 1980 SC 52, held that it is impossible to
work out a completely logical and precise definition of Possession uniformly applicable to all situation in the context of all the
statutes.
Some Jurists have given different definitions:
John Salmond:
Salmond defines Possession as, "possession is the continuing exercise of a claim to the Exclusive use of an object.“
O.W. Holmes:
Holmes defines Possession as, "To gain Possession a man must stand in a certain physical relation to the object and
to the rest of the world, and must have certain intent.“
Ihering:
The best among them is the definition given by Ihiring. According to him, "whenever a person looked like an
owner in relation to a thing, he had possession of it unless Possession was denied to him by rules of law based on practical
convenience.
4. ELEMENTS OF POSSESSION
• From the above definitions we could see in that possession has two essentials -
1) Actual power over the object possessed. i.e. corpus possessionis and
2) Intention of the possessor to exclude any interference from others. i.e. animus possidendi.
According to John Salmond, both corpus and animus must be present to constitute
Possession. Ownership is a legal concept whereas Possession is factual as well as legal concept.
The term CORPUS and the term ANIMUS, both the terms borrowed from the Roman Law.
5. CATEGORIES OF POSSESSION
Possession is divided into two categories:
a) Possession in fact and
b) Possession in law.
Possession in fact is actual or physical possession. It is physical relation to a thing.
Possession in law means possession in the eye of law. It means a possession which
is recognized and protected by law. There is sometimes a discrepancy between
possession in fact and position in law, although usually possession exists both in
fact and in law in the same person. A person who is in de facto possession of a thing
also comes to have de jure possession.
6. TYPES OF POSSESSION
• 1) Corporeal Possession :
• Those things, which are having physical or material existence, wherein direct relationship with the thing,
are possible. for example, House has physical existence which can be perceived by our senses. The
possession in the house therefore is Corporeal Possession. Therefore corporeal possession is the
possession of material things, movable as well as immovable such as the Car , book , pen, wristwatch,
etc.
• 2) Incorporeal Possession :
It means Possession of immaterial or intangible things. These are the things, which do not have physical
existence and therefore cannot be perceived by our senses. Therefore possession in respect of this thing
is known as incorporeal possession. for example - Copyright, Trademark, Patent, Goodwill etc.
According to Salmond, corporeal possession is Possession of an object whereas incorporeal possession
is the possession of a right.
7. 3) Mediate Possession :
It is the Possession of a thing through another, either through his friend, servant for agent. As the thing
remains, in possession with another, the possessor has lesser degree of physical control over such
thing.
Illustration :
'X' has a car, which he leaves with his driver. The possession of the driver will be immediate whereas
the Possession of 'X' will be mediate.
4) Immediate Possession :
It is also called as Direct Possession. Direct or primary possession by a person over a particular
object, which acquires or gets directly or personally. In immediate possession, as the thing is in
possession of the possessor directly, he has higher degree of control over such thing. It means that
there is no other person holding the thing.
8. 5) Constructive Possession :
Constructive possession is not actual possession it is a possession in law and not possession in fact.
According to Pollock and Wright, it is a possession which arises only by the construction of law.
Example : The delivery of the keys of a building.
6) Adverse Possession :
It means holding the land on his own behalf of some other person. if adverse possession continues
peaceful and undisturbed for that number of years, he can claim ownership and the true owner's right(
ownership) gets extinguished.
7) De facto Possession :
De facto Possession exists where the thing is in the immediate occupancy of a party. The person in de
facto possession has the physical control of the thing to the exclusion of others and has Animus and
Corpus over the material object. De facto possession may be described as actual Possession.
9. 8) De jure Possession :
De jure possession can be described as possession in law. De jure possession exists when person
claims a thing as his own in natural normal legal manner by occupying a thing without any
dispute as to his legal right to possess and enjoy the thing. Legal possession may exist with or
without property in possession. In case of De jure possession it is just possible that a man I have
ceased to live in a house but without intending and to abandon it for good as the owner of the
house.
10. BRIDGES VS. HAWKESHWORTH 1851
• Fact:
In this case a customer found a pocket book on the floor of a shop.
• Issue:
To whom the pocket book belonged ?
• Held:
The court applied the rule of ‘finders-keeper’ and awarded possession of the pocket book to customer
rather than to the shop-keeper. The ratio decidendi of this case is that finder of goods is the keeper
i.e., the finder has right of possession over it.