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Juglal and ors. Vs. Dy. Commissioner and ors.
Delhi
Aug-06-2003
Property
Delhi Land Reforms Act, 1954 - Sections 84 to 86A; Delhi Land Reforms (Amendment) Act, 1965; Indian Penal Code (IPC), 1860 - Sections 441
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
Tag this Judgment! AI Brief & AskVidyadharan Vs. State of Kerala
Supreme Court of India
Nov-14-2003
Criminal
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
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
Tag this Judgment! AI Brief & AskAkapati Bhaskar Patro Vs. Trinath Sahu and Another
Orissa
Mar-14-2001
Criminal
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
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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Chelpark Company Ltd. Vs. the Commissioner of Police, Madras and ors.
Chennai
Nov-03-1967
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 127(1), 156(3) and 561A; Indian Penal Code (IPC), 1860 - Sections 441
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
Tag this Judgment! AI Brief & AskSm. Subhana Vs. State Through Hashmat Ali
Allahabad
Sep-15-1953
Criminal
Indian Penal Code (IPC), 1860 - Sections 441
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
Tag this Judgment! AI Brief & AskNaresh Chandra Mohanty Vs. Millan Kumar Badu
Orissa
Aug-31-2005
Criminal
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
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
Tag this Judgment! AI Brief & AskKavita Dass Vs. Nct of Delhi and Another
Delhi
Apr-17-2012
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
Tag this Judgment! AI Brief & AskNarayanan Vs. State of Kerala
Kerala
Aug-12-1961
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 238; Indian Penal Code (IPC), 1860 - Sections 441, 456 and 457
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
Tag this Judgment! AI Brief & AskState of Maharashtra Vs. Tanba Sadashio Kunbi
Mumbai
Dec-14-1962
Criminal
Indian Penal Code (IPC), 1860 - Sections 441, 442, 448 and 506
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
Tag this Judgment! AI Brief & AskMulchand Khushiram Vs. State
Mumbai
Oct-01-1951
Criminal
City of Bombay Police Act, 1902 - Sections 111; Indian Penal Code (IPC), 1860 - Sections 441
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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