Search Results Page

Search Results

1 - 2 of 2 (0.20 seconds)
Documents citing Savani Transport Ltd. And Anr. vs Kamraju Bisoi on 11 September, 1990

Akapati Bhaskar Patro vs Trinath Sahu And Anr. on 17 January, 2002

...that possession of a tenant whose tenancy has been terminated may not always be "lawful possession", but it is "juridical possession" which is protected by law because even a tenant whose tenancy has been terminated, cannot be dispossessed except in accordance with law. If that be so, can it amount to criminal trespass within the meaning of Section 441, IPC (Orissa Amendment). This question, in my opinion needs to be considered by a larger Bench and the decision in the case of M/s. Savani Transport Ltd. 1991 Cri LJ 1073 (supra) needs to be reconsidered.
Orissa High Court Cites 8 - Cited by 0 - Full Document

Rabinarayan Mishra vs Hariprasad Sharma on 23 November, 1992

3. The ambit and scope of Section 441, IPC were considered in detail in 1990(I1)OLR 446 (Savani Transport Ltd. and Anr. v. Kamraju Bisoi) pointing out that where it is a case of a tenant not vacating the premises, even after receipt of the notice served in accordance with the provision, it is the third part of Section 441, IPC that becomes applicable. There is however no corresponding provision in Section 456, CrPC that even where the offence is not committed by adoption of any criminal force or criminal intimidation, it is yet possible for the Magistrate to order restoration of possession of the property if he finds that one who had lawfully entered into or upon the property had remained there with intention of taking unauthorised possession or making unauthorised use of such property or has failed to withdraw from such possession or use when called upon to do so by the entitled person by notice in writing duly served upon him. Such a provision being absent in Section 456, CrPC, the Magistrate would be plainly without authority to direct restoration of possession of the property under that section. Until such a. corresponding amendment is carried out in Section 456, CrPC, that provision cannot be utilised to direct restoration of the house.
Orissa High Court Cites 7 - Cited by 1 - Full Document
1