Trespasser
Legal definition for Indian law research
Definition
Trespasser, referred. [Transfer of Property Act, 1882 (15 of 1882), s. 45]
One who commits a trespass. In general a person owes no duty to a trespasser, the rule being that a man trespasses at his own risk, Grand Trunk Railway of Canada v. Barnett, 1911 AC 370; and see Latham v. R. Johnson & Nephew, (1913) 1 KB 398; but an owner of a field upon which to his knowledge the public habitually trespassed was under the circumstances held liable to a trespasser for injuries done to him by a vicious horse which the owner of the field kept there, Lowery v. Walker, 1911 AC 10. A man may be a trespasser even on a highway if he is using it for an improper purpose; see Harrison v. Duke of Rutland, (1893) 1 QB 143; and see SPRING GUNS.
Per K. Ramaswamy, J.: A rank trespasser is one who does not stand in any contractual relationship with the owner of the premises. A trespasser is also one who lawfully enters into but unlawfully remains in possession of the property without the consent or acquiescence of the owner. If one goes into posse-ssion of the property of another with invitation or permission for instance to a shop or cinema theatre, or marriage hall to celebrate a marriage his initial entry is lawful but if he refuses to leave that place and unlawfully squats on it, he becomes a tres-passer of a transient origin with no vestige of right. The initial entry into possession is obviously for short duration with a specified purpose, East India Hotels Ltd. v. Syndicate Bank, 1992 Supp (2) SCC 29 (44).
One who commits a trespass. In general a person owes no duty to a trespasser, the rule being that a man trespasses at his own risk, Grand Trunk Railway of Canada v. Barnett, 1911 AC 370; and see Latham v. R. Johnson & Nephew, (1913) 1 KB 398; but an owner of a field upon which to his knowledge the public habitually trespassed was under the circumstances held liable to a trespasser for injuries done to him by a vicious horse which the owner of the field kept there, Lowery v. Walker, 1911 AC 10. A man may be a trespasser even on a highway if he is using it for an improper purpose; see Harrison v. Duke of Rutland, (1893) 1 QB 143; and see SPRING GUNS.
Per K. Ramaswamy, J.: A rank trespasser is one who does not stand in any contractual relationship with the owner of the premises. A trespasser is also one who lawfully enters into but unlawfully remains in possession of the property without the consent or acquiescence of the owner. If one goes into posse-ssion of the property of another with invitation or permission for instance to a shop or cinema theatre, or marriage hall to celebrate a marriage his initial entry is lawful but if he refuses to leave that place and unlawfully squats on it, he becomes a tres-passer of a transient origin with no vestige of right. The initial entry into possession is obviously for short duration with a specified purpose, East India Hotels Ltd. v. Syndicate Bank, 1992 Supp (2) SCC 29 (44).
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.