Court : Supreme Court of India
Reported in : 1987(Supp)SCC485
..... by the very nature of his occupation being found to be unlawful, he has no legal right to continue in occupation of the land. ..... certainly, no express provision providing that a person in unlawful occupation will not have a right to continue in possession is necessary. ..... it is implicit in section 43(1)(b) that an unauthorised or unlawful occupant has no right under the said tenancy act to remain in possession. ..... the collector has been invested with the power to eject unlawful occupants under section 43(1)(b). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994Supp(2)SCC569
..... therefore, the offence committed by the members of the unlawful assembly does not amount to murder. ..... if really the common object of the unlawful assembly was to commit murder one would expect them to inflict one or two injuries on the vital parts of the body but except injuries nos. ..... from the above-mentioned injuries it is difficult to infer that the common object of the unlawful assembly was to commit murder. ..... having regard to the nature of the injuries caused it is difficult to hold that the common object of the unlawful assembly was to commit murder. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi92
..... now the ground of claim is that the defendants, possession is unauthorised and unlawful and they be ordered to deliver possession to the plaintiff. ..... it cannot be disputed that the rent controller has no jurisdiction to decide a claim for possession made on the ground that the defendant is in unlawful possession. ..... it is a suit based on independent title against the defendants whose possession is said to be unauthorised and unlawful . ..... he decided to sue the persons in possession of the property on the footing that their possession was unauthorised and unlawful.92. ..... a decree for possession is claimed on the ground that the possession of the sons and daughters of shiv pershad gupta is unauthorised and unlawful. .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT553
..... before him under sections 147 and 149 indian penal code as well, the learned additional sessions judge came to a positive conclusion that the prosecution had failed to prove the common object of the so called unlawful assembly as spelt out by the learned magistrate according to the court below, the intention of the persons who arrived at the spto later might have been simply to prtoest against the highhandedness of the police ..... the court also felt inclined to accept the contention of the accused that the prosecution had failed to prove the common object of the so called unlawful assembly as spelt out by the trial magistrate. ..... their mere presence as sympathisers of bashir-ud-din would nto make them members of the unlawful assembly. ..... in any event, their participation in the affair could nto, according to the court of appeal, be held to be actuated by a desire to give beating to the police officials and in the absence of such an intention, they could nto be held to constitute an unlawful assembly. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1985Delhi383; 1986(1)ARBLR282(Delhi)
..... it is well established that the object of an agreement cannot be said to be forbidden or unlawful merely because the agreement results in what is known as a 'void contract'. ..... (supra) 'inasmuch as both sides to the unlawful agreements are in 'parii delicto', i would leave the parties to bear their own costs. ..... if any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single objection, is unlawful, the agreement is void. ..... every agreement of which the object or consideration is unlawful, is void. ..... in each of these cases, the consideration or object of an agreement is said to be unlawful. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1983Delhi374
..... and others, 1977 2 calc law jou 266 on facts very similar to the facts in the present case amiya kumar mukherji j: said : 'whereunder the law the goods 'shall be returned' in my view, such goods retained unlawfully, could not be confiscated under the act. ..... but refusal to return the seized goods contrary to section 110(2) is unlawful and without any authority. ..... where the goods are unlawfully imported, these goods become the 'offender' and they might be confiscated without finding out the actual importer. ..... now if the goods are not returned to the petitioner to which he was clearly entitled the detention of the goods by the customs authorities is unlawful after 14-8-1967. ..... the reason is that thought the initial seizure was by lawful authority, the continued detention of the goods on the ground of an invalid extension is unlawful. ..... in other words, the retention of the goods after 6 months from the date of the seizure was unlawful. ..... (6) the real question for decision in this case is whether the confiscation of the goods is lawful when the detention o the goods was unlawful. .....
Tag this Judgment!Court : Delhi
Reported in : LC2007(1)72
..... . the justification for award of compensatory damages is to make up for the loss suffered by the plaintiff and the rationale behind granting punitive damages is to deter a wrong doer and the like-minded from indulging in such unlawful activities ..... . the award of compensatory damages to a plaintiff is aimed at compensating him for the loss suffered by him whereas punitive damages are aimed at deterring a wrong doer and the like minded from indulging in such unlawful activities ..... very difficult for a plaintiff to give proof of actual damages suffered by him as the defendants who indulge in such activities never maintain proper accounts of their transactions since they know that the same are objectionable and unlawful .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker191; 2003(1)KLT940
..... if a contract, on the face of it, is capable of legal performance, the existence of undisclosed intention by one party to perform it unlawfully or use it as part of an unlawful scheme would not disable the other party from enforcing it. ..... tenant and sub-tenants of whom the present plaintiffs are included would not be contested, and that nevertheless, even if an order of eviction is obtained in that proceeding, no effort would be made to evict the plaintiffs, the object is unlawful and hence the contract is void. ..... it is further provided in the same section that every agreement of which the object or consideration is unlawful is void.12. ..... it was held that the landlord could validly waive his rights under an enactment and that consideration for such an agreement would riot be unlawful. ..... a1 provides for something which would ultimately run against the prospective order of the rent control court and hence unlawful. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ2844
..... according to the learned public prosecutor, from the evidence produced by the prosecution the formation of unlawful assembly and the common object of that unlawful assembly to murder bal kishan stand proved beyond reasonable manner of doubt and the learned trial court was not justified in acquitting the accused of these offences.4. ..... the case of the prosecution is that all the aforesaid nine accused formed an unlawful assembly with a common object to kill bal kishan and in furtherance of that common object, on 14-11-86, at about 8.00 p.m. ..... the prosecution has, therefore, failed to prove the case for formation of unlawful assembly with a common object by the accused. ..... no evidence has been produced by the prosecution for establishing the fact regarding formation of an unlawful assembly by the accused having a common object. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN825
..... in this case the magistrates has not set out all the material facts as to how he apprehended that the medical college hostels, jaipur, were the centres of all the unlawful activities likely to result in serious disturbances or breach of public peace. ..... but he has not specifically mentioned any unlawful or illegal activities of the students in the hostels themselves in the order itself. ..... the order itself that the students residing in the medical college hostels resorted to any violent activity within the premises of the hostels learned additional advocate general submitted that the students resorted to several unlawful and violent activities in the city of jaipur. .....
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