Court : Supreme Court of India
Reported in : AIR1965SC147; 1965CriLJ128; [1964]8SCR158
..... do so under a claim of jote rights on the lands. no evidence was, however, produced by any of the accused to substantiate their claim to trespass on and plough-up and cultivate and erect homesteads on the lands on which they were found squatting and the learned magistrates holding that while the prosecution ..... clauses of s. 26(1) of the indian forest act, 1927 for contravention of which the respondents in the several appeals were prosecuted read : '26. (1) any person who - (a) makes any fresh clearing prohibited by section 5, or who, in a reserved forest - (d) trespasses or pastures cattle, or permits cattle to trespass; (e)................ ........ (f) fells, girdles, lops, ..... of the act as well as of the notifications later but it is sufficient to mention at this stage that the places where the respondents cleared the forests and built their homesteads were admittedly within one or other of these three reserves. the respondents in appeals 39, 43, 47 and 49 had trespassed into the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC933; (1963)IMLJ70(SC); [1962]Supp2SCR989
..... of narayan krishna land v. gerard norman, collector of bombay (1868) v bom. h.c.r. 1. the bombay case related to an action of trespass, brought by the plaintiff against the collector of bombay in respect of certain land, which the collector believed was government property. of immediate importance to us in ..... the state, which said 'debts lawfully contracted and expenses or liabilities incurred'. the latter expression 'liabilities incurred' would include a liability arising out of a tortious act. the court, after an elaborate consideration of all possible argument in favour of the secretary of state, came to the following conclusion, which is rightly summed up ..... 133(1)(c) of the constitution, raises a question of considerable importance, namely, the extent of the vicarious liability of government for the tortious acts of its employees, acting in the course of their employment as such. the trial court dismissed the claim for compensation as against the state of rajasthan, which was the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal461,1961CriLJ204
..... air 1949 bom 384). in that case a complaint by hansabai in respect of offences under sections 447 and 504 i. p. c. and section 24 of the cattle trespass act was dismissed by a first class magistrate on the date of hearing on account of her absence. thereafter, she brought a fresh complaint but after recording the evidence the ..... killed by throttling her. the police, however, ultimately submitted a final report; and thereafter dhirendra nath brought a case under section 297 of the indian penal code for trespassing on a cremation ground and under section 500 of the indian penal code for defamation for bringing a false charge against him. the defence was taken that in view ..... the public servant is required. the question before their lordships in that case was whether a complaint for an offence under section 297 of the indian penal code for trespassing on a burial place or place of worship and under section 500 of i. p. c. for defamation could be enter-tained without any complaint from a .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker10
s. velu pillai, j. 1. the petitioner, who is the lessee of an estate in malabar and at whose instance a cattle-pound was established with the sanction of the district collector accorded under section 4 of the cattle trespass act, 1871, seeks to quash ext. p-7, by which the collector ordered its abolition. it appears, that on complaints received, a notice, ..... the executive government with which it is not competent for the civil court to interfere'.there is nothing in the provisions of the cattle trespass act to indicate, that the collector was exercising anything other than executive power and on this ground, this petition is bound to fail.3 the objection taken on the merits ..... , by the petitioner's counsel was, that remedies have been provided by chapter v of the aforesaid act, and that therefore the abolition of the pound was not warranted. chapter v deals with illegal seizure or detention of cattle, but on a perusal of ext. p-6 it is seen, that although the charges are, for the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj1
..... all humility, we may say that this reasoning is not sound. loss of any person's interest in the immovable property may be occasioned by various acts such as trespass by the other party, relinquishment of the right by the owner of such interest, discontinuance of the interest as also by contract directly transferring such interest. ..... that there must always be a valid transaction causing the transfer of interest in immovable property from one person to another. trespass cannot lie termed to be a legal act. yet where there is a trespass on immovable property and some person takes possession of a parcel of land, the owner loses an interest in the ..... that resolution and the predecessor in title of the respondent corporation went into possession of the land in question pursuant to the government resolution of 1865 and, acting upon the said resolution and the terms contained therein, the respondent corporation and its predecessor in title spent considerable sums of money in levelling the site .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal145,1959CriLJ311,63CWN181
..... delivery of possession of the premises as against lutfar rahaman and afiladdi. the learned magistrate however found, in addition to that, that the opposite parties committed criminal trespass into the premises after delivery of possession had been effected by a court peon on the 31st of january 1953 and accordingly convicted the opposite parties. the ..... -sharer afiladdi were tenants of the complainant's mother nekjan bewa in respect of premises no. 18-h/5, circular garden reach road where they had a cattle market. nekjan bewa instituted a suit for ejectment against lutfar rahaman and afiladdi and obtained an ex parte decree therein. in execution of the said decree she ..... , assuming them to be within the powers of the commonwealth legislature are not retrospective so as to defeat a right in existence at the time when the act received royal assent. their lordships of the privy council disposed of the contention as follows :'as regards the general principles applicable to the case there was no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC181; 1956CriLJ345
..... object to cause death and grievous hurt to refugees in general and the six named refugees in particular; thirdly, under section 452, indian penal code with house trespass by entering into the building belonging to mangal singh and used as a human dwelling,, after having made preparations for causing death and hurt; fourthly, under section ..... tension between the old residents on the one side and the new settlers on the other.mutual recriminations followed and some incidents of a minor nature, like cattle grazing disputes and simple assaults, took place. all the four years that the new displaced families had come to stay in the village there were allegations of ..... as it was, and committal proceedings the accused persons placed at the trial were charged,' firstly, under section 120b, indian penal code with conspiracy to do illegal acts, namely, to murder and to cause grievous hurt to the refugees in general and to six named refugees as aforesaid in particular; secondly, under section 148, indian .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All193; 1955CriLJ623
..... do with the maintenance of public order.list ii of the seventh schedule of the constitution includes 'public order' in entry 1 and prevention of animal diseases and cattle trespass, irrigation and canals, protection of wild animals and birds, weights and measures, inns, theatres, betting and gambling, land revenue, taxes, affray and duty etc. ..... .but it is urged by the learned advocate-general that incitement to the non-payment of dues such as are mentioned in the special powers act may be acted upon, which action would compel the government to use coercive process for their realisation, which process would be resented by the defaulters, which resentment ..... it was not designed to put any restriction on the freedom of speech. what the preamble does is really to supply the motive behind the enactment' of the act. the act prohibits certain speeches by penalising the making of those speeches. freedom of speech means freedom from subsequent punishment; see -- 'terminiello v. chicago', (m), and .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad130
..... cited by the learned advocate general does not conflict with any of these principles. in that case, the government officials, it was found, were not mere trespassers, but, under a colour of title, they erected a building bona fide believing in their right to do so. it was, therefore, held that title ..... question does not arise for consideration here. the learned advocate' general, however, attempted to argue that, exchange transactions under sections 118 and 121, transfer of property act, are also transactions of sale, and that hire purchase agreements are also treated as sale transactions under certain contingencies as laid down in the -- 'auto. supply ..... and technical skill for the construction work are provided by the company. in the case of contracts with the state and central governments, they sometimes act as their procuring agents, purchasing materials on their behalf according to their specifications and instructions. in the case of such contracts, the governments concerned retain .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... owner of the soil; and if we think it should be laid down as a general rule that, if he who makes the improvement is not a mere trespasser, but is in possession under any bona fide title or claim of title, he is entitled either to remove the materials, restoring the land to the state in ..... possession of residential buildings, or buildings which are under use for other personal purposes, such as for instance those used for storing personal grains or for keeping personal cattle or implements as also buildings used for factories or mills or for purposes of trade, manufacture, or commerce. mines which are under the actual direct operation and ..... or mills for the purpose of trade, manufacture, or commerce or used for storing grains or keeping cattle or implements for the purpose of agriculture. these will be hereinafter called 'personal buildings' for convenience (section 6(1)). 33. the general scheme of the act is to leave to the intermediary, buildings of categories (2) and (3) on the footing .....
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