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Word "hold" or "held" - Indian Laws - GeneralExtract Word hold or held The scope of the word held arose for consideration in A.G. Varadarajulu v. State of T.N.- 1998 (3) TMI 631 - SUPREME COURT and this Court observed: The word hold or held in the context of land has come up for consideration in several cases before this Court. In State of U.P. v. Sarjoo Devi [ (1977) 4 SCC 2] while dealing with the said word in Section 3(14) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, as follows: (SCC p. 8, paras 8 and 10) The word held occurring in the above definition which is a past participle of the word hold is of wide import. In the Unabridged Edition of The Random House Dictionary of the English Language, the word hold has been inter alia stated to mean to have the ownership or use of; keep as one s own . *** In Webster s New Twentieth Century Dictionary (Second Edition), it is stated that in legal parlance the word held means to possess by legal title . Relying upon this connotation, this Court in Bhudan Singh v. Nabi Bux [ (1969) 2 SCC 481] interpreted the word held in Section 9 of U.P. Zamindari Abolition and Land Reforms Act, 1950 as meaning possession by legal title. Again in State of A.P. v. Mohd. Ashrafuddin [ (1982) 2 SCC 1] it was held as follows: (SCC p. 4, para 8) According to Oxford Dictionary held means: to possess; to be the owner or holder or tenant of; keep possession of; occupy. Thus, held connotes both ownership as well as possession. And in the context of the definition it is not possible to interpret the term held only in the sense of possession. The word holds was again interpreted in Hari Ram v. Babu Gokul Prasad [1991 Supp (2) SCC 608] where it occurs in Section 185(1) of the Madhya Pradesh Land Revenue Code, 1959. It was observed: (SCC p. 611, para 5) The word holds is not a word of Article It has not been defined in the Act. It has to be understood in its ordinary normal meaning. According to Oxford English Dictionary , it means, to possess, to be owner or holder or tenant of. The meaning indicates that possession must be backed with some right or title. Black s Law Dictionary defines Hold as under: To possess in virtue of a lawful title; as in the expression, common in grants, to have and to hold, or in that applied to notes, the owner and holder. GAURAV ASEEM AVTEJ VERSUS U.P. STATE SUGAR CORPORATION LTD. AND ORS.- 2018 (4) TMI 1665 - SUPREME COURT
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