Law: Illegal Dispossession Act, 2005

Section: 3,4,9

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Possession--- ----Principle---Possession would follow title. (b) Words and phrases--- ----"Proceedings"---Meanings. Black's Law Dictionary Eighth Edition by Bryan A. Garner at Page 1241 ref. (c) Words and phases--- ----"Proceedings", meaning of---Scope---Word "proceedings" would include appeal. (d) Illegal Dispossession Act (XI of 2005)--- ----Ss.3, 4 & 9---Criminal Procedure Code (V of 1898), S.417---Law Reforms Ordinance (XII of 1972), S.3---Order passed under Illegal Dispossession Act, 2005---Right of appeal and revision against such order---Scope---Complaint under Illegal Dispossession Act, 2005 accepted by Trial Court---Constitutional petition filed by accused (appellants) challenging such order of Trial Court dismissed by High Court---Intra-Court Appeal filed by accused---Competency---Complainant's plea that order of Trial Court was appealable, thus, Intra-Court Appeal would not be maintainable against dismissal of constitutional petition filed by accused---Validity---Rights of appeal and revision were the creation of statute---Where special statute gave rise to a legal right, but did not confer right of appeal and ordinary courts were competent to decide such right, then ordinary rules of procedure would apply to such courts and appeal would lie if allowed under such rules---Right of appeal had not been provided under Illegal Dispossession Act, 2005---Sessions Court while exercising power under Illegal Dispossession Act, 2005 acted as a normal court and not as a Special Court---Provisions of Criminal Procedure Code, 1898 including right of appeal and revision provided thereunder would apply to Sessions Court while deciding a complaint under Illegal Dispossession Act, 2005---Word "proceedings" would include appeal---Criminal Procedure Code, 1898, was made applicable to proceedings under Illegal Dispossession Act, 2005 by virture of S.9 of said Act, thus, right of appeal and revision existed against orders passed under Illegal Dispossession Act, 2005---Right of appeal was available in the present case against impugned order of Trial Court---High Court dismissed Intra-Court Appeal for being incompetent. Bashir v. Additional Sessions Judge,…

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