Você está na página 1de 2
40 _Lawof Illegal Dispossession & Restitution of Possession, 3, Prevention of illegal possession of Property etc.—(1) No one shall enter into or upon any property ie dispossess, grab, control or occupy it without having any lawful authority to do so with the ‘intention to dispossegg grab, control or occupy the property from owner or. occupier of such property. (2) Whoever contravenes the provisions of the sub. section (1) shall, without prejudice to any punishment to which he may be liable under any other law for the time being in force, be punishable with imprisonment which may extend to ten years and with fine and the victim of the offence shall also be compensated in accordance with the provisions of section 544 of the Code. SYNOPSIS 14. Scope 2. Illegal dispossession 3. Words “dispossessed”, “grab”, “control”, and “occupy"— Connotation. 4. Remedies 5. Application 6. Question of title 7. Interim order 8. Party failing to produce evidence 9. Procedure 10. Law of lis pendens ‘ 41. Payment of compensation u/s 250, Cr.P.C. 42. Application of S. 345, Cr.P.C.—Compromise 43. Discharge of accused u/s 265-K, CrP.C. 14. Application u/s 540, Cr. C. for adducing further evidence 15. Duty of the Court 46. “Cognizable case” and private complaint 47. Civil litigation 48. Accused summoned under S. 204, Cr.P.C.—Court can dismiss complaint under S. 203, Cr.P.C. 49. Illegal encroachment by tenant 20. Person himself land grabber over a Government Land 21. Agreement to sell—Suit pending adjudication 22. Dispute between mother and son (8.3) The Illegal Dispossossion Act, 2005 41 23. Widow dispossessed by step-son 24, Brother illegally dispossesseq by brother, 25. Appreciation of evidence 26, Impartial investigation, 27. Registered lease agreement. 28. Thoroughfare 29. Allotment of plot by Cooperative Society 30. Revision 31. Construction 32. Proof 33. Award of punishment 34, Complaint 35. Complaint under Act, 2005 not to be rule through Magistrate u/s. 190(2), Cr.P.C. 36. Cases falling within the ambit of Ss, 8 & 9 Specific Relief Act, 1877 37. Possession on the basis of Patadari. 38. Landlord and tenant 39. Complainant being a licensee 40. Delay in conclusion of the complaint due to non appearance of accused, . Disputed claim.of Civil. Grant of interim relief Deh Form-VII—Not title document. eons & a 3 4 4 4 aes 1, Scope. Ingredients or elements of S. 3(1), of Illegal Dispossession Act, 2005 are that accused enters into or upon any property without having any lawful authority to do so -and with * intention of dispossession of or grabbing, controlling or occupying the property from the owner or occupier thereof. [2010 P.Cr.L.v. 1046] Most essential ingredients of Illegal Dispossession Act, 2005 is that there should be dispossession of the owner or occupier of the property and in case the owner or occupier does not level the allegation of his dispossession or forcible occupation of accused Over the property when the provision of Act, 2005 would not be applicable. [2010 P.Cr.L.J. 1265] In order to constitute offence, Complainant must disclose existence of both an unlawful act and criminal intent. (PLD 2011 S.C. 181] Ingredients are elements of S. 3(1) of Illegal Dispossession Act, 2005 are that accused entered into or upon any property without having any lawful authority to do SO and with intention of dispossession of or grabbing, controlling or