AI Overview...
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Lawful Possession in Minor Offenses - The offence under Section 361 hinges on taking or enticing a minor out of the guardian’s lawful custody without consent. The key point is whether the accused took or enticed the minor unlawfully, emphasizing the importance of lawful guardianship and consent Haradhan Dutta VS State of West Bengal - Calcutta.
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Validity of Sub-tenancy and Possession - Sub-tenancy is considered valid if the sub-tenant entered possession before a specific date (e.g., 21/05/1959) and continued in possession. The status of tenants and sub-tenants depends on legal recognition under relevant tenancy laws, and possession must be lawful for the sub-tenancy to be valid BABUBHAI JUGALKISHORE VS JAICHAND JAYANTILAL - Gujarat.
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Lawfulness of Search and Possession of Railway Property - Searches conducted without warrants are lawful if supported by statutory provisions (e.g., Section 10 of R.P. (U.P.)). Possession of railway materials without valid documents is unlawful, and statements recorded during investigation can be relied upon to establish lawful possession if properly obtained SANTOSH KUMAR KARMAKAR VS STATE OF WEST BENGAL - Calcutta.
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Validity of Sale and Possession in Property Transactions - A sale agreement and possession transfer are valid if supported by a lawful contract, power of attorney, and continued possession. The legal and valid nature of such possession is crucial for establishing ownership and rights over property Meera Narula VS G. G. Malvankar - Delhi.
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Establishing Lawful Possession in Land Cases - The court requires possession to be established through lawful means. Failure to prove lawful possession prior to the Repeal Act invalidates claims. Lawful possession involves legal entitlement, not mere physical control Pydi Varahalamma W/o Late Pydi Krishna Sarma vs Government of Andhra Pradesh Department - Andhra Pradesh.
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Lease and Licence: Lawful Possession Post-Expiry - Tenants or licensees must have a subsisting lease or valid licence to claim lawful possession. After lease expiry, lawful possession depends on the existence of a valid lease or licence; otherwise, possession is deemed unlawful CH. RAMALINGA RAJU VS Government Of A. P. , REPRESENTED BY THE SECRETARY, HOME (GENERAL-A) DEPT - Andhra Pradesh.
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Licensing Authority’s Role in Determining Lawful Possession - The authority must assess whether an applicant is in lawful possession based on legal documents and possession rights, such as ownership or valid lease. Licences issued without lawful possession are invalid K. Suramma VS Govt. of A. P. - Andhra Pradesh.
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Railway Property and Evidence of Lawful Entrustment - Accused's possession of railway property must be supported by lawful entrustment documents or witnesses. Absence of evidence of lawful entrustment renders possession unlawful Surat Lal VS State Of Bihar - Patna.
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Award of Dealership and Possession Validity - Possession of land or property in dealership agreements must be supported by clear documentation (e.g., lease deed). Arbitrary decisions without lawful basis undermine possession rights Shankar Kumar Bhagat VS Indian Oil Corporation Limited - Patna.
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Adverse Possession and Burden of Proof - Claimants asserting adverse possession must prove continuous, unlawful, or hostile possession over time. The burden lies on the possessor to demonstrate unlawful entry and continuous possession to establish adverse possession Thangammal (died) by LRs & Others VS V. Ramasamy - Madras.
Analysis and Conclusion:
Lawful possession is a recurring legal requirement across various contexts—whether in criminal cases involving minors, property rights, tenancy, or possession of railway property. It generally necessitates possession through legal means, supported by valid documents, agreements, or lawful entrustment. Absence of such lawful basis renders possession unlawful, affecting rights and legal validity. Courts emphasize the importance of proper evidence and legal procedures to establish lawful possession, which is critical for asserting ownership, defending property rights, or establishing legal offences.
References: Haradhan Dutta VS State of West Bengal - Calcutta, BABUBHAI JUGALKISHORE VS JAICHAND JAYANTILAL - Gujarat, SANTOSH KUMAR KARMAKAR VS STATE OF WEST BENGAL - Calcutta, Meera Narula VS G. G. Malvankar - Delhi, Pydi Varahalamma W/o Late Pydi Krishna Sarma vs Government of Andhra Pradesh Department - Andhra Pradesh, CH. RAMALINGA RAJU VS Government Of A. P. , REPRESENTED BY THE SECRETARY, HOME (GENERAL-A) DEPT - Andhra Pradesh, K. Suramma VS Govt. of A. P. - Andhra Pradesh, Surat Lal VS State Of Bihar - Patna, Shankar Kumar Bhagat VS Indian Oil Corporation Limited - Patna, Thangammal (died) by LRs & Others VS V. Ramasamy - Madras
Search Results for "Lawful Valid Posession"
2021 0 Supreme(Cal) 22 • India - Calcutta
TIRTHANKAR GHOSH
The words ‘takes or entices any minor...out of the keeping of the lawful guardian of such minor’ in Section 361, are significant. ... The gravamen of this offence lies in the taking or enticing of a minor under the ages specified in this section, out of the keeping of the lawful guardian without the consent of such guardian. ... In order to substantiate his arguments, he has filed a written notes of argument wherein the points canvassed are: (i) Taking away the minor from the lawful guardianship. ... In view of such evidence on record, it....
1998 0 Supreme(Guj) 380 • India - Gujarat
D.C.SRIVASTAVA
It was admitted by the firm "g" the tenant- in-chief that "m" was lawful sub-tenant. It was held that in view of Sec. 5 (15) (a) in respect of further sub-tenancy the "m" could be described as tenant, and "t" as his sub-tenant. ... Also, the sub-tenancies covered by sub-sec. (2) of Sec. 15 would be regarded as valid only if the sub-tenant had entered into possession before 21/05/1959 and was continued in possession on that date. ... bar as sub-lessees, assignees, transferees, and have continued in possession#HL....
2001 0 Supreme(Cal) 76 • India - Calcutta
DEBIPRASAD SENGUPTA
Whether the search conducted by the RPF officers was lawful without a warrant. 2. ... The search conducted by the Railway Protection Force (RPF) officers was lawful under Section 10 of the R.P. (U.P.) ... for possessing railway materials without valid documents. ... B.), wherein it was held by the Hon'ble Apex Court that if a statement of accused is recorded during the course of investigation under the Act of 1966, that itself can be relied upon by the prosecution in order to establish the charge that the accused was in lawful#H....
2014 0 Supreme(Del) 1906 • India - Delhi
MUKTA GUPTA
Defendant No.1 through defendant No.4 had agreed to sell the property of defendants No. 2 and 3 for necessity on the basis of a lawful ... .6,00,000/- had been taken - Not only part payment had been taken, the defendants had partly performed the contract in as much as possession ... Power of attorney has not been revoked - Another power of attorney in favour of another was executed - Held, there was a legal and valid ... Thus, there was a legal and valid agreement to sell dated 20th May, 2006 entered into between the pla....
2025 0 Supreme(AP) 137 • India - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.Krishna Mohan
failed to establish lawful possession prior to the Repeal Act. ... ... ... Ratio Decidendi: The court held that possession must be established through lawful means, and the failure to do so invalidated ... ... ... Issues: The main issues were whether the petitioners' land was exempt under Section 4(11) and if the state had taken lawful ... Upon perusal of the record and consideration of the facts and circumstances applying the above said provisions of law and the decisions, it is well established th....
1983 0 Supreme(AP) 256 • India - Andhra Pradesh
P.A.CHOUDHARY, PUNNAIAH
period of lease - Unless there is subsisting lease and the tenant in respect of the site and theatre is in lawful possession, he ... or to renew the licence if there is no subsisting lease for any period after the expiry of the lease The tenant can claim lawful ... favour after expiry of lease period ... Held: A licensee cannot be in lawful ... V Manickavasagam on which the learned single Judge relied It was also a case where a tenant after the expiry of the leate period of three years claims to be in lawful#HL....
1982 0 Supreme(AP) 121 • India - Andhra Pradesh
JEEVAN REDDY
It is for the licensing authority to determined the question whether the applicant is in lawful possession, or not on the basis of ... of appellant - Not Valid. ... licence by a person who is not the owner of a Cinema theatre - licensing authority has to determine whether the applicant is in lawful
2002 0 Supreme(Pat) 18 • India - Patna
S.N.PATHAK
possession of railway properties by the accused and the lack of evidence to prove lawful entrustment. ... of railway property, emphasizing the lack of evidence to prove lawful entrustment. ... the absence of any paper or witness to support the entrustment, and highlighted the failure of the accused to produce evidence of lawful ... P.C. the revisionist said that he was in lawful possession of this property. ... In the aforesaid circumstances, chance of the seized articles being retaine....
2019 0 Supreme(Pat) 676 • India - Patna
RAJEEV RANJAN PRASAD
Award of dealership of regular/rural retail outlets (Petrol Pump – Eligibility criteria – By clearly stating about handing over of possession ... any variation – Impugned e-mail notice set aside and respondent directed to proceed further taking the instrument as a legal and valid ... It is an arbitrary decision having no lawful basis to stand the test of relevance and reasons which are twin principles of our Constitution. 29. ... The lease deed also states that the lessee has taken the land in his possession. ... from th....
2006 0 Supreme(Mad) 49 • India - Madras
P.JYOTHIMANI
Limitation Act (XXXVI of 1963), Art.65 - Evidence Act (I of 1872), Secs.101 to 103 - Claim of adverse possession - Possession of ... trespassers or encroachers - Onus is upon plaintiff to prove that defendants have unlawfully entered into property - Plea of adverse possession ... According to the counsel, all the requirements as enunciated by this Court in the above said judgment has been squarely proved by the defendants and therefore, it should be taken that the defendants have proved the adverse possession and entitle....
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