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1 - 5 of 5 (0.28 seconds)Section 30 in The Code of Civil Procedure, 1908 [Entire Act]
Maria Margadia Sequeria Fernandes & Ors vs Erasmo Jack De Sequeria (D) Tr.Lrs.& Ors on 21 March, 2012
26.The learned Senior Counsel appearing for the defendant
would rely on a judgment of the Hon'ble Supreme Court in Maria
Margarida Sequeira Fernandes v. Erasmo Jack De Sequeira
(2012 (5) SCC 370) wherein, in paragraph Nos.79 & 80, it has been
held as follows:-
Thomas Cook (India) Limited vs Hotel Imperial And Ors. on 9 January, 2006
"28. The expressions `due process of law',
`due course of law' and `recourse to law' have
been interchangeably used in the decisions
referred to above which say that the settled
possession of even a person in unlawful
possession cannot be disturbed `forcibly' by
the true owner taking law in his own hands. All
these expressions, however, mean the same
thing -- ejectment from settled possession can
only be had by recourse to a court of law.
Clearly, `due process of law' or `due course of
law', here, simply mean that a person in
settled possession cannot be ejected without a
court of law having adjudicated upon his rights
qua the true owner.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
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