Law: Illegal Dispossession Act, 2005

Section: 3,7,7(1)

(a) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Delay in conclusion of complaint due to non-appearance of accused---Non-bailable warrants of arrest, issuing of---Scope---Complainant (respondent) filed complaint against accused (petitioner) under S.3 of Illegal Dispossession Act, 2005---Court issued process in the name of accused to appear before the Court---Accused put his appearance before the Court, submitted surety bonds and copies were delivered to him, but later on he opted to remain absent---Court issued non-bailable warrant of arrest against accused---Validity---Accused did put his appearance before the Court but later on opted to remain absent with mala fide intention in order to delay conclusion of complaint---Trial Court made efforts to procure attendance of accused, without any success, which left the Court with no option but to issue non-bailable warrant of arrest against the accused---No exception could be taken to the such action of the Trial Court--- Revision petition was decided accordingly. (b) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 7---Possession of property given as an interim relief "during the trial"---Scope---Complaint was filed against accused and co-accused (petitioners) under S.3 of Illegal Dispossession Act, 2005---Complainant filed an application before Trial Court for possession of property in question, which was allowed and Court issued directions to accused and co-accused to surrender possession of property in favour of complainant as an interim measure---Validity---Grant of interim relief within the meaning of S. 7(1) of Illegal Dispossession Act, 2005 was subject to the condition, "during the trial"---Although copies had been delivered to accused and co-accused in the present case but charge had not been framed against them, therefore, question of commencement of trial did not arise---Interim relief granted by Trial Court was not legally sustainable and as such it was set aside---Revision petition was decided accordingly. Ashiq Hussain and another v. Athar Sher and 2 others 2008 PCr.LJ 719; Edward Henry Louis v. Dr. Muhammad Safdar 2009 PCr.LJ 1359 and Rabart alias D.C. v. Additional Sessions Judge,…

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