SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1959 Supreme(Bom) 38

V.M.TARKUNDE
Francis D Souza – Appellant
Versus
Edward A. L. Gameiro – Respondent


JUDGMENT - (1)This revision application has been filed against the conviction of the petitioner of the offence of wrongful restraint under S. 341, I. P. Code, and the further order of the learned Presidency Magistrate under S. 522, Criminal Procedure Code, requiring the possession of the premises in dispute to be restored to the complainant in the case.

(2) (After stating the facts and holding that the conviction of the petitioner under S. 341, I. P. C. was justified, his Lordship proceeded.) Mr. Neemachwala then argued that the learned Presidency Magistrate erred in law in passing an order under S. 522, Criminal ProcedureCode, for the restoration of possession of the premises to the complainant. In order to appreciate the arguments of Mr. Neemchawala the terms of S. 522 (1) may be set out :

"Whenever a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation and it appears to the Court that by such force or show of force or criminal intimidation any person has been dispossessed of any immoveable property, the Court may, if it thinks fir, when convicting such person or at any time within one month from the date of the conviction order










Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top