Forcible - Law Dictionary Search Results
Home Dictionary Name: forcibleForcible entry
Forcible entry is the entering upon any land or tenement with a strong hand, or in a violent manner, in order to take possession. There may be a forcible entry although no actual force is used, as, for example, when threats are made or an unusual number of persons collected. Forcible entry was permissible at Common Law in certain cases, e.g., when the rightful owner had been wrongfully deprived of possession, but it was absolutely pro-hibited by the Statutes of Forcible Entry (5 Rich. 2, c. 7; 15 Rich. 2, c. 2; 8 Hen. 6, c. 9), which make forcible entries punishable with imprisonment. The first of these statues provides that 'none shall make entry into any lands or tenements, but in case where entry is given bylaw, and in such case not with strong hand nor with multitude of people, but only in a peaceable and easy manner.' A forcible entry by a person entitled to possession, though indictable, does not give rise to civil responsibility in damages. See Hemmings v. Stoke Poges Golf Club,...
forcible entry
forcible entry 1 : the unlawful taking of possession of real property by force or threats of force against the lawful possessor see also forcible entry and detainer 2 : unlawful entry into or onto another's property esp. when accompanied by force [forcible entry of an automobile] ...
forcible entry and detainer
forcible entry and detainer 1 : the forcible entry upon and keeping of real property without authority of law 2 : the statutory proceeding to regain possession of real property taken through a forcible entry and detainer ...
forcible
forcible : effected by force or threat of force used against opposition or resistance [a felony] for·ci·bly adv ...
Forcibleness
The quality of being forcible...
Forcibly
In a forcible manner...
Forcible detainer
Forcible detainer, refusing to restore another's goods, after sufficient amends tendered, the original taking having been lawful; for which injury the remedy usually resorted to was trover (q.v.). But if the original taking were unlawful it is a criminal offence against the public peace, and a misdemeanour, punishable by imprisonment and ransom at the pleasure of the Crown, 4 Bl. Com. 148.The wrongful retention of possession of property by one originally in lawful possession, often with threats or actual use of violence, Black's Law Dictionary, 7th Edn....
Abduction
Abduction: (1) The forcible or fradulent taking away of a woman. It is felony:-(a) Where any person from motives of lucre takes away or detains any woman who has any interest in any property (even a presumptive expectation) with intent to marry or carnally know her or to cause her to be married or carnally known. (b) Where any person fradulently allures, takes away or detains with like intent such a woman under 21 out of the possession and against the will of her parent or other person having the lawful care of her. In either of these two cases a person convicted is incapable of taking any estate or interest in the woman's property, (English) Offences against the Person Act, 1861. (c) Where any person by force takes away or detains any woman being of age with like intent (Ib. s. 54). It is a misdemeanour:-(a) Where any person takes away an unmarried girl under 16 out of the possession and against the will of her parent or other person having lawful charge of her (Ib. s. 55). A bona fid...
Detainer
Detainer, forcible. See FORCIBLE ENTRY.Unlawful. The wrongful keeping of a person's goods, although the original taking may have been lawful. As if I distrain another's cattle, damage feasant, and before they are impounded he tenders me sufficient amends; now, though the original taking was lawful, my subsequent detention of them, after tender of amends, is not lawful, and he shall have an action of replevin against me to recover them, in which he shall recover damages for the detention, and not for the caption, because the original taking was lawful, 3 Steph. Com., and see DETINUE.Writ of, one of the five forms of process prescribed by the 2 Wm. 4, c. 39, s. 1, for the commencement of a personal action against a person already in the prison of one of the courts. Superseded by 1 & 2 Vict. c. 110, ss. 1, 2.A process lodged with the sheriff against a person in his custody was called a detainer; the officer, therefore, always searched the sheriff's office to see if there were any detainer...
Dispossessed
Dispossessed, the word 'dispossessed' in the second proviso means to be out of possession, removed from the premises, ousted, ejected or excluded. Even where a person has a right to possession but taking the law into his hands make' a forcible entry otherwise than in due course of law, it would be a case of both forcible and wrongful dispossession, R.H. Bhutani v. Man J. Desai, AIR 1968 SC 1444 (1449). [Criminal Procedure Code (1898), s. 145(4) and Proviso 2 and, (6)]...
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