Unlawful Possession Can’t Be Defended On The Ground That Eviction Clause In Statute Is Prospective In Nature

Case: Sashibhusan Das v. Lord Lingaraj Mahaprabhu & Anr.

Coram: Chief Justice Dr. S. Muralidhar & Justice Radha Krishna Pattanaik

Case No.: W.P.(C) No. 6120 of 2009

Court Observation: “A lawful right is always protected and cannot be taken away by an amendment brought into force at a later point of time. However, it does not mean that an unlawful possession which does not convey any right can still be defended on the ground that the Act to be prospective in nature. Unless, a possession is shown to be lawful, it has to be treated as unlawful as on the date when the amended Act came into force. Furthermore, it has to be treated as continuous wrong so long as the possession is unauthorized.”

Previous Posts

Review Committee Declared Guarantors As Wilful Defaulters Without Making Any Distinction Between Borrower And Guarantor: Kerala High Court

Honorable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Separate IGST On Indian Importers For Ocean Freight Against Concept Of “Composite Supply”, Violates Section 8 CGST Act: Supreme Court

Hindu Succession Act – HUF Property Is Presumed For Be For Widow’s Maintenance When She Has Its Settled & Exclusive Possession: Supreme Court

Continuing Unlawful Activity For Gaining Advantages Other Than Economic Or Pecuniary Is Also An “Organised Crime” Under MCOCA: Supreme Court

Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC Download Judgement

Company Tribunal Not A Labour Court Or Administrative Tribunal To Focus Entirely On Removal Of Director: Supreme Court In Tata-Mistry Case

Second Appeal: Judgment Should Not Be Interfered With By High Court Unless There Is A Substantial Question Of Law, Reiterates Supreme Court

Proclaimed Offender Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC