Encroachment and illegal dispossession
Encroachment and illegal dispossession legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
In order to constitute an offence under S.3(1) of Illegal Dispossession Act, 2005, complainant must disclose existence of both, unlawful act (actus rea), and criminal intent (mens rea)
Mere encroachment was something different from illegal dispossession as encroachment did not involve intention of grabbing the property
Illegal Dispossession Act, 2005, having no retrospective effect, could not be applicable to the cases of unauthorized occupants pending before any other forum on the date of promulgation of said Act, but if the case of illegal occupant was not already pending before any other forum on the date of promulgation of said Act, same would squarely fall within the ambit of said Act.
"Encroachment and illegal dispossession", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124939305
Precedents & Case Laws citing "Encroachment and illegal dispossession"
2013 P Cr
SHAHID HAKEEM — Appellant Versus ALTAF HUSSAIN AGHA and another — Respondents
Court: Balochistan2008 P Cr
NASEER AHMED and 2 others — Petitioners Versus ADDITIONAL DISTRICT AND SESSIONS JUDGE, JHELUM and 3, others — Respondents
Court: Lahore2019 P Cr
MUHAMMAD BILAL — Appellant Versus AHMAD SULTAN and others — Respondents
Court: Peshawar (D.I. Khan Bench)2010 Y L R 495
MUHAMMAD ALI — Applicant Versus IVTH ADDITIONAL SESSIONS JUDGE, HYDERABAD and 8 others — Respondents
Court: Karachi2011 P Cr
SADIQ HUSSAIN — Petitioner Versus GHULAM RASUL and 6 others — Respondents
Court: Lahore2019 M L D 1428
ALI AKBAR — Applicant Versus 2nd ADDITIONAL SESSIONS JUDGE, BADIN and 4 others — Respondents
Court: Sindh (Hyderabad Bench)2009 P Cr
Syed NASEEM AHMED — Applicant Versus Mst. HUMA NOOR — Respondent
Court: Karachi2017 Y L R Note 305
NAZO — Applicant Versus ALI MURAD and 10 others — Respondents
Court: Sindh (Sukkur Bench)2020 M L D 1274
Dr. BABAR YAQOOB SHEIKH — Applicant Versus HARIS HAFEEZ and 3 others — Respondents
Court: Sindh2008 M L D 1672
Messrs SIDDIQUI FUND TRUST, KARACHI through Manager-Applicant Versus THE IVTH ADDITIONAL SESSIONS JUDGE, KARACHI EAST and 2 others — Respondents
Court: Karachi