Illegal Entry - Law Dictionary Search Results
Home Dictionary Name: illegal entryIllegal entry
Illegal entry (Criminal law) the unlawful act of going into a building with the intent to commit a crime. In some jurisdictions illegal entry is a lesser included offence of burglary, Black's Law Dictionary, 7th Edn., p. 750....
Entry
Entry, the depositing of a document in the proper office or place; actual entry on land is necessary to constitute a seisin in deed, and is necessary in certain cases, as, e.g., to perfect a common-law lease.When a person without any right has taken posses-sion of land, the party entitled may make a formal but peaceable entry, which is quite an extra judicial and summary remedy, on such lands, declaring that thereby he takes possession, which notorious act of ownership is equivalent to a feudal investiture by the lord; or he may enter on any part of it in the same county, declaring it to be in the name of the whole; but if it lie indifferent counties, he must make different entries. This remedy by entry takes place in three only of the five species of ouster-viz., abatement, intrusion, and disseisin; for as in these the original entry of the wrongdoer was unlawful, they may therefore be remedied by the mere entry of him who has right. But upon a discontinuance or deforcement, the owner...
Illegality
Illegality, the Criminal Procedure Code, 1898 does not use the word 'illegality'. Even defects or violations that vitiate the proceedings and render them void are spoken of only as irregularities ins. 530. The word illegality was used almost for the first time in the judgment of the Privy Council, LR 28 Indian Appeals 257 (familiarly known as Subramania Aiyar's case), where they speak of a contravention of s. 234 of the Code, resulting in a misjoinder of charges, as an illegality, Willie (William) Slaney v. State of Madhya Pradesh, AIR 1956 SC 116 (134): (1955) 2 SCR 1140.The Criminal Procedure Code, 1973 does not use the word 'illegality', nor defines 'irregularity' and illegality can only mean an incurable illegality, incurable because of prejudice leading to a failure of justice, Bhoor Singh v. State of Punjab, AIR 1974 SC 1256 (1261): (1974) 4 SCC 754.Means an act that is not authorised by law, Black's Law Dictionary, 7th Edn., p. 750....
Forcible 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,...
illegality
illegality pl: -ties 1 : the quality or state of being illegal 2 : an illegal action ...
Illegal
Not according to or authorized by law specif contrary to or in violation of human law unlawful illicit hence immoral as an illegal act illegal trade illegal love...
Illegality
The quality or condition of being illegal unlawfulness as the illegality of trespass or of false imprisonment also an illegal act...
Fictitious entry
Fictitious entry, A fictitious entry is one which is not genuine. It is an unreal entry. Entries which are not genuine cannot confirm anybody's rights. It is too obvious to be stressed that an entry which is incorrectly introduced into the records by reason of ill-will or hostility is not only shorn of authenticity but also becomes utterly useless without any lawful basis, Bachan v. Kankar, AIR 1972 SC 2157 (2160): (1972) 2 SCC 555: (1973) 1 SCR 727....
Illegal contract
Illegal contract, an agreement to do any act forbidden either (1) by the Common Law, such as agreements to commit a crime or tort, or as for rent of lodging let for prostitution, Jennings v. Brown, (1842) 9 M&W 496; or for price of indecent picture, Fores v. Johnes. (1802) 4 Esp 97; or in prejudice to the administration of justice, Windhill Local Board v. Vint, (1890) 45 Ch D 351; or (2) by statute, as by hire of a room for a lecture in contravention of the Blasphemy Act, Cowam v. Milbourn, (1867) LR 2 Ex 230; but see Re Bowman, (1915) 2 Ch 447, or a contract by a servant of a local authority with such authority, in contravention of s. 193 of the (English) Public Health Act, 1875; also contracts in unreasonable restraint of trade; general restraint of marriage; trading with the enemy; compounding felonies; maintenance or champerty, etc. A breach of promise of marriage by a married man pending divorce after decree nisi may be actionable, Fender v. Mildmay, (1937) 53 TLR 885. Illegality ...
Illegal, legally bound to do
Illegal, legally bound to do, the word 'illegal' is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action: and a person is said to be 'Legally bound to do' whatever it is illegal in him to omit. [Indian Penal Code, s. 43]...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial