Showing : 91-100 of 111 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 9-- Trespasser - To dispossess a trespasser remedy is by way of civil suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Specific Relief Act, 1963, Section 37, 38, 41(j)-- Trespasser - An injunction cannot be issued in favour of trespasser or a person who gained unlawful possession as against the owner...........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Title suit-- Possession of appellant as a tenant by perpetual lease for 99 years - Renewal was not granted - Appellant continued to be in possession as a trespasser - Acceptance of rent by lower level officer and recognition made on a mistaken impression that land was required for a public purpose - It cannot..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Unauthorised occupant, eviction of-- Even a trespasser can only be evicted in a manner authorised by law - Unauthorised occupant cannot be thrown out just by police force-Competent authority has to hear, record a finding about being in unauthorised possession and then evict in the manner authorised by law...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Adverse possession-- (i) It is possession of another's land with intent to hold and claim it as his own; it must commence in wrong and must be maintained against right; (b) It is possession with animus to hold the property in the possessor's own right and against the right of the rightful owner; (c) It is possession..........
SUPREME COURT OF INDIA
Year of decision: 1995
Details
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(e)-- Trespasser - A person entering into Govt. land and remained in unlawful posses-sion - The person though trespasser cannot be ejected by Govt. forcibly - Govt. to take action under law against the trespasser...........
SUPREME COURT OF INDIA
Year of decision: 1995
Details
Transfer of Property Act, 1882, Section 116-- Tenant in possession after expiry of lease period - He is tenant by sufferance - There is little difference between such a tenant and a trespasser - Tenancy at sufferance does not create relationship of landlord and tenant...........
KARNATAKA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17-- Necessary parties - Co-owners - One of several co-owners can recover possession from trespasser without impleading other co-owners - But for suit for declaration of title all co-owners are necessary parties and non-impleading of any one of them would be fatal defect which cannot be cured by..........
MADRAS HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Cross objection - Suit for injunction - Dismissed as plaintiff was a trespasser - Court incidentally deciding about extent of trespass - Held, as decree is not based on finding about extent of trespass as such cross objection relating to extent of trespass is not maintainable...........
MADRAS HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Suit for mandatory injunction for restoration of electric connection - Occupation of plaintiff akin to trespasser - Trial Court gave interim direction for restoration - New connection obtained by plaintiff by suppressing facts against the directions of Court - Same is liable to be disconnected on..........

Showing : 91-100 of 111 Results