Criminal Trespass - Law Dictionary Search Results
Home Dictionary Name: criminal trespassCriminal trespass
Criminal trespass, every trespass does not amount to criminal trespass within the meaning of s. 441 of the Indian Penal Code. In order to satisfy the conditions of s. 441 it must be established that the appellant entered possession over the premises with intent to commit an offence. In the absence of an intention to commit an offence would not amount to criminal trespass, Kanwal Sood v. Naval Kishore, (1983) 3 SCC 25: AIR 1983 SC 159 (161). [Penal Code, 1860, s. 441]...
criminal trespass
criminal trespass see trespass ...
trespass
trespass [Anglo-French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass] : wrongful conduct causing harm to another: as a : a willful act or active negligence as distinguished from a mere omission of a duty that causes an injury to or invasion of the person, rights, or esp. property of another ;also : the common-law form of action for redress of injuries directly caused by such a wrongful act compare trespass on the case in this entry b : trespass quare clausum fregit in this entry con·tinu·ing trespass : a trespass that continues until the act (as of depriving another of his or her property without the intent to steal it) or instrumentality (as an object placed wrongfully on another's land) causing it is ended or removed criminal trespass : trespass to property that is forbidden by statute and punishable as a crime as distinguished from trespass that creates a cause o...
House trespass
House trespass, Whoever commits criminal trespass by entering into or remaining in any building tent or vessel used as a human directing or any building used as a place of worship, or as a place for the custody of properties is said to commit 'house trespass'. (Indian Penal Code, s. 442)...
Unlawful assembly
Unlawful assembly, an assembly of five or more persons is designated an 'unlawful assembly', if the common object of the persons composing that assembly is:First.-To overawe by criminal force, or show of criminal force, the Central or any State Govern-ment or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; orSecond.-To resist the execution of any law, or of any legal process; orThird.-To commit any mischief of criminal trespass, or other offence; orFourth.-By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right of supposed right; orFifth.-By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what ...
Offence
Offence, crime; act of wickedness. It is used as a genus, comprehending every crime and misde-meanour, or as a species, signifying a crime not indictable, but punishable summarily, or by the forfeiture of a penalty.There are certain acts which are heinous sins and odious in the public eye and are punishable in the Ecclesiastical Courts, but not being punishable at Common Law, and the proceedings in the Ecclesiastical Courts being held to be prosalute anim' and not to entail any temporal injury, they cannot be classed with ordinary Common Law and statutory offences; and it is no slander to impute them unless special damage follows.Other offences are divided into three classes, viz.:-(1) Treasons; (2) Felonies; and (3) Misdemeanours. See several titles.Consult Russell on Crimes; Archbolds' or Roscoe's Criminal Evidence.It means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under s. 20 of the Cat...
Settled possession
Settled possession, there is no special charm or magic in the word 'settled possession' nor is it a ritualistic formula which can be confined in a straitjacket but it has been used to mean such clear and effective possession of a person, even if he is a trespasser, who gets the right under the criminal law to defend his property against attack even by the true owner, Puran Singh v. State of Punjab, AIR 1975 SC 1674 (1681): (1975) 4 SCC 518: (1975) Supp SCR 299....
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
nuisance
nuisance [Anglo-French nusaunce, from Old French nuire to harm, from Latin nocēre] : something (as an act, object, or practice) that invades or interferes with another's rights or interests (as the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful at·trac·tive nuisance 1 : a thing or condition on one's property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth 2 : a doctrine or theory employed in most jurisdictions: a possessor of property may be liable for injury caused to a trespassing or invited child by a condition on the property if he or she failed to use ordinary care in preventing such injury (as by fencing in a pool) and had reason to foresee entry by the child and if the utility of the condition was minor compared to the likelihood of injury [declined to extend the doctrine of attractive nuisance…to moving trains "Honeycutt v. City of Wichita,...
Information
Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...
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