AI Overview...
-
Wrongful Retention and Occupation - Several sources highlight that wrongful retention or occupation of premises constitutes an offence or legal violation. For instance, under Section 630 of the Act, wrongful withholding of property, such as a flat, can be prosecuted as an offence if it exceeds the stipulated period (00500003342). Unauthorized occupation, especially of private or government property, often leads to legal proceedings, with courts emphasizing that such retention without legal right is unjustified and actionable (01100074179, 00400033253).
-
Civil and Criminal Proceedings - Courts have consistently held that wrongful occupation can be challenged through civil suits for recovery of possession and damages, and through criminal complaints under relevant sections like Section 630 of the Companies Act. Litigation often revolves around whether possession is lawful, with wrongful retention leading to orders for compensation and eviction (00400003093, 00400006634, 01100074179).
-
Criteria for Wrongfulness - Wrongful retention is characterized by the absence of a valid legal claim, such as lease or license, or exceeding authorized occupation duration. Courts have dismissed claims of occupation when no valid contractual or legal basis exists, affirming that continued possession beyond lawful terms amounts to wrongful retention or trespass (INDGUJ00000149424, 00400009870).
-
Distinction from Authorized Occupation - Possession by entities like ONGC was deemed lawful and not wrongful, whereas unauthorized or illegal occupation, especially after expiry of legal rights, is considered wrongful and can be challenged legally (01300014680).
-
Legal Remedies and Damages - Victims of wrongful retention are entitled to recover possession, seek damages, and in some cases, claim compensation for illegal detention or retention of movable or immovable property. Damages are awarded to restore the position as if wrongful detention had not occurred (02700001603).
-
Summary - Wrongful retention or occupation involves holding property without legal right, often leading to criminal and civil liabilities. Courts emphasize lawful possession, and wrongful retention can be challenged through eviction, damages, or criminal proceedings, with remedies aimed at restoring rightful ownership or possession (00500003342, 01100074179, 00400033253, 02700001603).
Search Results for "Wrongful Retention or Occupation"
• India - Crimes
B.C.RAY, A.P.SEN
retention of the flat amounted to an offence under section 630 of the Act ? ... the premises after the stipulated period - Complaint lodged under section 630 for wrongfully withholding the flat – Whether such wrongful ... The question was whether such wrongful retention of the fiat amounted to an offence under section 630 of the Act. ... withholding may be wrongful as in the present case." ... While the existence of the capacity, right and possession would be during employment, the withholding may be ev....
2022 0 Supreme(Del) 2106 • India - Delhi
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
(Paras 12, 28, 61) ... ... (C) Eviction Proceedings - Unauthorized occupation ... court found no merit in the appeals, reaffirming that the appellants did not establish a legal right for either plot allocation or retention ... retention and occupation of the private property of Maharaja of Baroda namely Baroda House and Sirmoor Plot at New Delhi. ... retention and occupation of the private property of Maharaja of Baroda namely Baroda House and Sirmoor Plot at New Delhi.. ... and #HL_....
1992 0 Supreme(Bom) 180 • India - Bombay
M.F.SALDANHA
of the Presidency Small Cause Courts Act, 1882, for recovery of possession as also the arrears of compensation for the use and occupation ... Pendency of a litigation based on such claims invariably couched in a vanear of profoundness, are used as the justification for such wrongful retention of the premises, thereby defeating the possessory rights of the owner. ... He contends that the present dispute, which on facts alleges that the petitioner is a rank trespasser and is in wrongful occupation and pos....
1982 0 Supreme(Bom) 92 • India - Bombay
S.J.DESHPANDE
Fact of the Case: The petitioner, an ex-employee of the respondent company, was charged with wrongful occupation of ... OCCUPATION OF PREMISES - CRIMINAL INTENT - SCOPE OF CRIMINAL COURT'S INQUIRY - ARTICLE 227 OF THE CONSTITUTION OF INDIA - JURISDICTION ... JURISDICTION OF CIVIL AND CRIMINAL COURTS - PUBLIC INTEREST - DELAY IN CIVIL LITIGATION - COMPANIES ACT, 1956 - SECTION 630(1)(B) - WRONGFUL ... It is this wrongful retention which is the subject matter of the criminal complaint ....
1992 0 Supreme(Bom) 178 • India - Bombay
M.F.SALDANHA
Pendency of a litigations, based on such claims invariably couched in a veneer of profoundness, are used as the justification for such wrongful retention of the premises, thereby defeating the possessory rights of the owner. ... He contends that the present dispute, which on facts alleges that the petitioner is a rank trespasser and is in wrongful occupation and possession of the Company's premises and needs to be stopped from continuing in such illegal acts, is neither a proceeding between a landlord and tenant not is i....
2025 Supreme(Online)(Guj) 8317 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ, D.N.RAY, J
occupation. ... court concluded that the appellant had no valid claims against the lessor and mandated payment of dues for lease and damages for wrongful ... The court found the appellant's continued occupation beyond lease invalid and dismissed the appeal, upholding the arbitral decision ... The claimant is also directed to pay compensation of Rs.27/- Lacs for the wrongful retention of the premises in question from 25/07/2014 till the date of this award and is further directed to continue to pay the co....
1998 0 Supreme(Bom) 231 • India - Bombay
P.S.PATANKAR
Section 15-A was also introduced by Act of 1973 and certain licensees who were in occupation on 1.2.1973 were to become tenants and ... of a suit by licensee against the licensor praying for injunction averring in the plaint payment of monetary consideration for occupation ... Invariably the claims are couched in a vaneer of profoundness and used as justification for such wrongful retention of the premises, thereby defeating rights of the other. ... ... The Division Bench also negatived the argument that section 41 of t....
2006 0 Supreme(Guj) 827 • India - Gujarat
AKSHAY H.MEHTA
Hence the possession of ONGC cannot be termed as unauthorized or wrongful or illegal. ... of three years if appellants want additional compensation they have to approach the Civil Court under Common law as subsequent retention ... three years, if the appellants want additional compensation, they have to approach the Civil Court under common law as subsequent retention ... Whereas in the first case before the Apex Court the continuation of occupation was unauthorized and wrongful. So far second case is c....
2018 0 Supreme(Kar) 353 • India - Karnataka
B.A.PATIL
arrest or detention without due process of law said arrest becomes illegal and unauthorized and it will be a wrongful arrest and ... of rights- Its deprivation shall be only as per procedure prescribed and Indian Evidence Act- If said liberty is curtailed by wrongful ... made is not justifiable- Hence persons who have exercised their power without any authority then such circumstances it will be a wrongful ... If the said liberty is curtailed by wrongful arrest or detention without....
1975 0 Supreme(MP) 40 • India - Madhya Pradesh
S.M.N.RAINA
... Detinue consists in wrongful detention of the possession of moveable ... awarding damages is however to place the plaintiff in the same position, as far as possible, in which he would have been if the wrongful ... In an action in detinue, the plaintiff is entitled to recover the moveable property or its value, besides damages for detention. ... Detinue consists in wrongful detention of the possession of movable property, even though the ori-ginal possession may be lawful. Thus a ba....
Filter by Legal Phrase
