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State vs . Hoti Lal And Ors on 27 November, 2019 cites

Sant And Anr. vs The Union Of India (Uoi) on 4 July, 1961

In Sant vs The Union Of India AIR 1962 HP 1, the Himachal Pradesh High Court observed that, " the concept of possession embraces both actual and constructive possession. Possession may exist in law but not in fact and such possession is termed as constructive. The Roman lawyers distinguished possession in fact as possessio naturalis and possession in law as possessio civilis. It is trite law that every owner of property is presumed to be in possession of it unless the contrary is proved. The word 'possession' as used in the aforesaid section is, therefore, wide enough to include not only actual and physical but also constructive possession. The legislature must be deemed to have been aware of the legal connotation of the word 'possession' when it used that word in Section 441, I. P. C. If the intention of the Legislature had been that actual and physical possession should be an ingredient of criminal trespass nothing would have been easier for it than to have qualified the word possession with the words 'actual and physical'....."
Himachal Pradesh High Court Cites 4 - Cited by 5 - Full Document
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