Court : Guwahati
..... as both the lower courts which have gone into the matter have found that the petitioners formed themselves into an unlawful assembly with the common object of committing criminal trespass and that they actually committing criminal trespass my attention was drawn to certain discrepancies in the evidence of the p. ws. but those discrepancies were dealt with by the magistrate and he did not ..... have dealt with the evidence in the case and were satisfied that the petitioners had formed themselves into an on-lawful assembly with the common object of committing criminal trespass and that they actually committed criminal trespass on the lands. i may also say that the learned additional sessions judge has not referred the matter to this court on the merits of the case ..... present.further in the present case, there is no conviction under section 147, but only under section 143. under section 147, there must have been rioting which meant that the criminal trespass must also have been committed in prosecution of the common object of the unlawful assembly or with the intention mentioned in section 441, i.p.c. but under section 143 ..... judge has relied on the decision bhup singh v. emperor 8 cal wn 305. in that decision, it was held that an accused could not be convicted and sentenced for criminal trespass under section 447 i.p.c. in addition to a conviction and sentence under section 147 i.p.c. the common object of the riot and the intention in the .....Tag this Judgment!
Court : Orissa
Reported in : 1973CriLJ1686
..... himself and his property. they were further of the view that it was wrong to hold that the occupiers of the land on which criminal trespass and mischief are committed in their presence by constructing a permanent water course on their land without their consent were not entitled to right of ..... of having such protection he had gone to the field and tried to enter forcibly upon the property, he had made himself liable for committing criminal trespass and mischief and could not have any right of private defence of property.a division bench of the punjab high court in the case of ..... before proceeding to help himself he brings the situation to the notice of those who have a primary responsibility to prevent and punish acts of criminal trespass against property. the law permits citizens to defend their property but does not insist, as a condition of the exercise of this right that ..... to annoy sarju. even if such an intention be imputed to them and their act could amount to the commission of criminal trespass, the right of private defence of property against criminal trespass which would arise in favour of sarju will be taken away on account of the provisions of section 99 of the ..... offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, or mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1961All38; 1961CriLJ15
..... as a good citizen if before proceeding to help himself he brings the situation to the notice of those who have a primary responsibility to prevent and punish acts of criminal trespass against property. the law permits citizens to defend their property but does not insist, as a condition of the exercise of this right, that it should be exercised behind the ..... immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. 23. thus the right of self-defence is confined to the protection of person and property. in respect of property it is limited to resistance ..... the filed but also commenced uprooting the crop previously sown by ghulab, he did commit the triple crime of theft, mischief and criminal trespass and the accused were entitled to prevent him by force. this argument assumes that a trespasser who sows a crop on another person's land against that person's wishes and in defiance of his protests acquires the right ..... what belonged to him.34. the right of self defence of property under section 97 i. p. c. is available to a trespasser only against some act of the rightful occupier which amounts to theft, robbery, mischief or criminal trespass or any attempt to commit any of these four crimes. but if the rightful owner somehow resumed possession of his own land in .....Tag this Judgment!
Court : Allahabad
Reported in : 1991CriLJ2499
..... strikers might know the strike may annoy or insult the officers, it is difficult to hold that such knowledge would necessarily lead to the inference of intention requisite for constituting criminal trespass.'37. this decision is complete answer to the arguments advanced on behalf of the appellants. the respondents cannot be saddled with the intent to cause annoyance to the complainant by ..... facts preceding the issuing of the notice till the date of filing of the complaint the only inference that could be drawn was that the respondents were continuing to commit criminal trespass because their very retention of the accommodation had been causing annoyance to the sabha and its officials. the statement of p.w. 2 namely subedar singh was relied upon in ..... effect was raised before the magistrate but he dismissed the same for two reasons. firstly, the special leave applications were pending in this court and, secondly, since the offence of criminal trespass was a continuing one, there was no bar in bringing in a fresh complaint after fresh notice (underline is mine).15. there is no force in the preliminary objection. there ..... , ipc as it stands in the central enactment will not be attracted in the state of uttar pradesh. for a ready reference the said section is being quoted here :--'441 : criminal trespass --whoever enters into or upon the property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property .....Tag this Judgment!
Court : Rajasthan
Reported in : 1972WLN1097
..... if the employees had no right to enter or stay in the premises, their entry in the mills and then remaining within its premises comes within the definition of 'criminal trespass', and the learned judges are definitely of opinion that if a complaint is filed by the management to the police authorities disclosing reasonable grounds for believing that offence under section ..... that there are two essential ingredients which must be established before criminal trespass can be proved against the employees. even if we assume that the employees' entry in the premises was unlawful or that their continuance in the premises became unlawful it is ..... for the bank. their lordships of the supreme court dealt with this question in para 47 at page 176 and observed as follows:according to the bank the employees committed criminal trespass inasmuch as they either entered unlawfully or having lawfully entered continue to remain there unlawfully with intent 'thereby to insult or annoy their superior officers. it would be noticed ..... the parties whether the act of the workmen to enter the mill premises when the lock-out was declared by the petitioner company falls within the mischief of the term 'criminal trespass' or not. if the lock-out is ultimately declared unlawful, then whatever the remedies are available to the workmen to get their grievance redressed for declaring an unlawful lock .....Tag this Judgment!
Court : Rajasthan
Reported in : 1986(1)WLN685
..... , in which, rameshwar singh and rampyari went to the field in question. can it be said that they had no requisite intention so as to constitute an offence of criminal trespass what amounts to criminal trespass, has been laid down in smt. mathri & ors v. state of punjab : 5scr916 . their lordships of the supreme court, after dealing with the decisions of bombay, calcutta ..... -persons entered the field with the intention to annoy shiv bux bhagirath and amra, who were in possession of the land and were ploughing the same. we, therefore, hold that criminal trespass was committed by rameshwar singh and smt. rampyari.30. mr. bhansali also referred a decision of the supreme court in smt. kanwal sood v. nawal kishore and anr. : 1983crilj173 . in ..... probability of something else than the causing of such intimidation, insult or annoyance have to be taken into consideration. on the facts of that case, it was found that the criminal trespass was not committed or apprehended from the acts of ramsingh and ors. who entered into the property.28. mr. bhansali, learned counsel for the appellant, after citing smt. mathri's ..... the field to plough the same and at this juncture, the accused laxmansingh must have fired the shots at shivbux, bhagirath and amra. he found ramsingh and rampyari committed a criminal trespass and the deceased shivbux, bhagirath and amra were justified in beating them with a view to eject them from the field. in these circumstances, the accused laxmansingh had no right .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1936Bom15; (1935)37BOMLR880; 160Ind.Cas.515
..... learned magistrate finds, in the passage of his judgment which i have read, that there was an intention to annoy. in my judgment, in order to establish a charge of criminal trespass it is essential for the prosecution to prove the intention laid down in the section, in this case, the intention to annoy. intention must always be gathered from the circumstances ..... an attempt by the complainant to recover possession of the house: without going through the procedure which would be necessary in the civil court, and he convicted the accused of criminal trespass, and made an order for possession under section 522. the learned magistrate finds that vacant possession was given to the complainant by the official of the court, and then he ..... -evening of august 23, and next morning he found that they had not remained in the verandah of the house, but had got inside the house, and that was the criminal trespass complained of. the complaint was lodged on august 24, and it is, i think, unfortunate that the learned magistrate did not take the view that this was a case in ..... bailiff, in execution of the decree for possession, gave possession to the complainant. later in the day the accused arrived at the house, and it is suggested, were guilty of criminal trespass. now the actual complaint is that the complainant's men were driven out of the compound, and according to the complainant he then told them to go home as it .....Tag this Judgment!
Court : Mumbai
Reported in : 1992(1)BomCR423; 1992CriLJ339
..... naidu v. the union of india, 1975 a cj 532 :air 1976 mad 95. 31. while dealing with the position under english law, black's law dictionary defines 'criminal trespass' as follows :- 'criminal trespass is entering or remaining upon any land, structure or vehicle by one who knows that he is not authorised or privileged to do so and he enters and remains ..... an expressed or implied invitation or licence.', moris v. atchison, t. & s.f. railway company 198 kan 147. 32. what emerges very clearly with regard to the concept of criminal trespass from the various authorities is that the encroachment beyond prescribed barriers, be they physical or otherwise, without invitation or due authority for means that would render such entry or continuation ..... employees of the company can be convicted for having entered into these areas. mr. bhosale contended that the case law amply demonstrates that the grevamen of the offence of criminal trespass is founded in property disputes wherein the accused have encroached upon property of which they were not in possession and their entry on which property is neither sanctioned nor justified ..... code will have to be upheld. 24. mr. bhosale, learned counsel appearing on behalf of the appellants, has severely attacked the conviction of the accused for the offence of criminal trespass under section 452 of the indian penal code. according to the learned counsel, the framing of the charge under this section and the conviction thereunder are both wholly misconceived. he .....Tag this Judgment!
Court : Allahabad
Reported in : 1976CriLJ1222
..... means 'actual physical possession'. but as under the portion added by the amendment the only ingredients the prosecution must prove in order to make out a case of 'criminal trespass' are that the trespasser must have entered into or upon possession of property in possession of another with the intention of taking unauthorised possession or making unauthorised use of that property, there is ..... added by the amendment. and, therefore, i fail to see why the words 'property in possession of another' should be interpreted to mean 'actual physical possession' for an offence of 'criminal trespass' falling under the portion added to section 441 of the indian penal code by the amendment. to be more precise, in my opinion as it is not possible to intimidate ..... order to take unauthorised possession or make unauthorised use of such property the amended portion was added. if 'actual physical possession of the property' is made an essential ingredient for 'criminal trespass' within the meaning of the added portion under the amendment, the portion added to section 441 of the indian penal code by the amendment would become almost superfluous,14. the ..... notice as laid down in the amended section he failed to withdraw from it. it is, therefore, doubtful whether 'actual physical' possession' is a necessary ingredient in respect of a 'criminal trespass' covered by the portion added to the old sections by the amendment. it appears that in order to bring to book a person who taking advantage of the absence of .....Tag this Judgment!
Court : Kerala
Reported in : AIR1959Ker146; 1959CriLJ588
..... another, with intent to annoy the person in possession, being moved thereto by his desire to assert his title. in other words, we should be disposed to say that the trespasser committed criminal trespass in order to assert his right.' 10. reference may also be made in this connection to the decision in kumaran v. sirkar, 18 trav. lj 555 (chatfield, c. j ..... . it is interesting here to notice the recent privy council case from ceylon, sirnaswamy v. selvanayagom, (1951) ac s3. the ceylon penal code like its indian counterpart, made it a criminal trespass to enter or remain in another's property with intent to annoy him. the accused refused to vacate rooms belonging to the government which he and his forebears had occupied ..... commit an offence or intimidate or annoy and the question was whether such intention could be interred from the actual or probable result. desai, j., observed: 'unless a man committing criminal trespass gave expression of his intention, it would be impossible to produce direct evidence of the intention. the intention has in most cases to be inferred from the circumstances. where the ..... the party of leftists aikyamunnani, behind them. there was anyhow the characterisation ot the acts of the accused as wrongful and a prayer for prosecuteing them for the offences of criminal trespass under section 447. it is nowhere insisted that the complainant must categorise the elements of the offence sought to be charged against the accused. in our judgment, the complaint, here .....Tag this Judgment!