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Aug 06 2003

Juglal and ors. Vs. Dy. Commissioner and ors.

Court : Delhi

Decided on : Aug-06-2003

Subject : Property

Acts : Delhi Land Reforms Act, 1954 - Sections 84 to 86A; Delhi Land Reforms (Amendment) Act, 1965; Indian Penal Code (IPC), 1860 - Sections 441

Reported in : 2003VAD(Delhi)288; 106(2003)DLT288; 2003(70)DRJ256

possession o the Gaon Sabha as the case may be, within the meaning of section 441 of the Indian Penal Code (45 of 1860). 85. Failure to file suit under section 84 or to execute decree obtained there under.-- … possession o the Gaon Sabha as the case may be, within the meaning of section 441 of the Indian Penal Code (45 of 1860). 85. Failure to file suit under section 84 or to execute decree obtained

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Nov 14 2003

Vidyadharan Vs. State of Kerala

Court : Supreme Court of India

Decided on : Nov-14-2003

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 354, 441 and 448; Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Sections 3(1) and 14; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 2(1), 4(2), 5 and 193

Reported in : 2003(2)ALD(Cri)1019; 2004(1)BLJR497; 2004CriLJ605; JT2003(9)SC89; 2004(1)KLT105(SC); 2004(2)MhLj596; 2004MPLJ251(SC); 2004(I)OLR11; 2003(9)SCALE581; (2004)1SCC215

Pasayat, J.1. Appellant faced trial for alleged commission of offences punishable under Sections 354 and 448 of the Indian Penal Code, 1860 (for short the 'IPC') and Section 3(1)(XI) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) … must be unlawful entry and there must be proof of one or other of the intentions mentioned in Section 441 IPC. In the case at hand evidence clearly establishes the commission of offence punishable under Section 448.11. That

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Mar 14 2001

Akapati Bhaskar Patro Vs. Trinath Sahu and Another

Court : Orissa

Decided on : Mar-14-2001

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 441; Transfer of Property Act - Sections 105, 106 and 108; Specific Relief Act - Sections 6; Orissa House Rent Control Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 456; Madras Cinema (Regulation) Rules, 1957 - Rule 13; Indian Penal Code (Orissa Amendment) Act, 1986; Public Premises Eviction Act

Reported in : 91(2001)CLT652; 2001(I)OLR502

after Termination - Criminal Trespass - Section 441 of Indian Penal Code, 1860 (IPC) - Single Judge made present reference for consideration of dispute by … considered before taking cognizance.The view taken by us also finds support from the objects and reasons of the Indian Penal Code (Orissa Amendment) Act, 1986. The statement of objects are quoted in extenso in the order of reference. The … simply remaining in possession would not be considered as offence under Section 441 IPC unless intention of occupier to take unauthorised possession or unauthorised use is … except in accordance with law. It that be so, can it amount tocriminal trespass within the meaning of section 441, I. P. C. (Orissa Amendment). This question, in my opinion needs to be considered by a larger Bench

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Nov 03 1967

Chelpark Company Ltd. Vs. the Commissioner of Police, Madras and ors.

Court : Chennai

Decided on : Nov-03-1967

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 127(1), 156(3) and 561A; Indian Penal Code (IPC), 1860 - Sections 441

Reported in : AIR1969Mad33; 1969CriLJ206; (1967)IILLJ836Mad

V of 1898), Section 561-A and Indian Penal Code (Act XLV of 1860), Sections 341, 441, 503 and 504-- Workmen on strike remaining in factory … is submitted by the petitioner that the striking workmen are guilty of offences or criminal trespass (Section 441, Indian Penal Code), criminal intimidation (Section 5O3, Indian Penal Code) and preventing service of summons (Section 173, Indian Penal Code). It … is submitted by the petitioner that the striking workmen are guilty of offences or criminal trespass (Section 441, Indian Penal Code), criminal intimidation (Section 5O3, Indian Penal Code) and preventing service of summons (Section 173, Indian Penal

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Sep 15 1953

Sm. Subhana Vs. State Through Hashmat Ali

Court : Allahabad

Decided on : Sep-15-1953

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 441

Reported in : AIR1954All193

sentence errs on the side of leniency.11. We dismiss the revision. Criminal - trespass - Section 441 of Indian Penal Code, 1860 - intention 'to annoy'- held, the essence of the offence is the intent in committing an offence … sentence errs on the side of leniency.11. We dismiss the revision. Criminal - trespass - Section 441 of Indian Penal Code, 1860 - intention 'to annoy'- held, the essence of the offence is the intent in committing

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Aug 31 2005

Naresh Chandra Mohanty Vs. Millan Kumar Badu

Court : Orissa

Decided on : Aug-31-2005

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 482; Indian Penal Code (IPC), 1860 - Sections 441 and 448; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Public Premises Eviction Act

Reported in : 2005(II)OLR578

J.M.F.C., Cuttack is hereby quashed. Criminal - Complaint Petition - Quashing of - Sections 441 and 4448 of Indian Penal Code, 1860 (IPC) - X leased out suit land to petitioner - X sold suit land to complainant by … being in need of accommodation for residential purpose as well as for his chamber sent a notice under Section 441 I.P.C. by registered post with A.D. to the accused to vacate the aforesaid land with structure within one

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Apr 17 2012

Kavita Dass Vs. Nct of Delhi and Another

Court : Delhi

Decided on : Apr-17-2012

Subject : Land Acquisition

SHO concerned to lodge FIR under Section 448 Indian Penal Code, 1860. 26. Ld. Counsel further refers to Section 441 of Indian Penal Code, 1860 according to which the trespass should be with intention to commit an offence … above mentioned petitions. 2. The petitioner has sought to quash FIR No.157 dated 07.12.2011 registered under Section 448 Indian Penal Code, 1860 at PS. Defence Colony, New Delhi against petitioner/wife and to set aside order dated 28.11.2011 passed by … petitioner cannot be lodged for the criminal trespass. In Section 442 of IPC, the definition of house trespass is given, which reads as under:- “Whoever

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Aug 12 1961

Narayanan Vs. State of Kerala

Court : Kerala

Decided on : Aug-12-1961

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 238; Indian Penal Code (IPC), 1860 - Sections 441, 456 and 457

Reported in : AIR1962Ker81

Code, 1898 and Sections 441, 456 and 457 of Indian Penal Code, 1860 - petitioner was accused of entering into another's house with intention to … the accused who was charged for offences under Sections 457 and 380 read with Section 511 of the Indian-Penal Code was found guilty but convicted under Section 456, I. P. C., by the Assistant Sessions Judge of Tellicherry. … offences under Sections 457 and 380 read with Section 511 of the Indian-Penal Code was found guilty but convicted under Section 456, I. P. C., … 457 I. P. C.; it is sufficient if a guilty intention is proved, such as is contemplated by Section 441. Reference may be made to the case in Koilash Chandra v. Queen Empress, ILR 16 Gal 657 Bahnakand

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Dec 14 1962

State of Maharashtra Vs. Tanba Sadashio Kunbi

Court : Mumbai

Decided on : Dec-14-1962

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 441, 442, 448 and 506

Reported in : AIR1964Bom82; (1963)65BOMLR477; 1964CriLJ395; ILR1963Bom627

The conviction under section 448 I. P. C. therefore is also proper. The reference is rejected.6. Reference rejected. Indian Penal Code (Act XLV of 1860), Section 448 - Accused Vice Chairman of School Committee entering school premises and beating … The conviction under section 448 I. P. C. therefore is also proper. The reference is rejected.6. Reference rejected. Indian Penal Code (Act XLV of 1860), Section 448 - Accused Vice Chairman of School Committee entering school premises … which makes the trespass a criminal trespass within the meaning of sections 441 and 442 I. P. C. It would be impossible for the Head

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Oct 01 1951

Mulchand Khushiram Vs. State

Court : Mumbai

Decided on : Oct-01-1951

Subject : Criminal

Acts : City of Bombay Police Act, 1902 - Sections 111; Indian Penal Code (IPC), 1860 - Sections 441

Reported in : AIR1952Bom302; (1952)54BOMLR158; ILR1952Bom762

is to deal with acts of trespass in circumstances in which they would not constitute offences under the Indian Penal Code. Under Section 441, Indian Penal Code, a material ingredient of the offence of criminal trespass is entering into … trespass in circumstances in which they would not constitute offences under the Indian Penal Code. Under Section 441, Indian Penal Code, a material ingredient of … section applies in cases of trespass upon open lands belonging to private individuals--Indian Penal Code (Act XLV of 1860), Section 441.; The word ' premises, ' used in Section 111 of the City of Bombay Police Act, 1902, does

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