• Tort law Punitive damages

Illegal land grab,  or partition to his advantage , plus using the political influence to delay the case in court system,  is been any case to claim damages  or punitive damages.
Asked 2 years ago in Civil Law from Canada
You can file a Revision Petition under article 227 of the Indian Constitution in High Court for speedy disposal of the case which is pending in lower Court.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. Illegal grabbing or partitioning of land does not in any manner allow you to file a suit for damages. 

2. If the land has been illegally grabbed the remedy is to file a lawsuit for eviction and also criminal case for trespassing against the trespasser. Political influence does not work over the courts, albeit there are some tactics within the periphery of law itself which people do employ to delay the disposal of the case. Delay in disposal of the case can be remedied by filing a petition for speedy disposal in the High Court.

3. If the property has been illegally partitioned the remedy is to challenge the partition wherein you can claim the mesne profits which accrue to the trespasser. 

4. No suit for damages can be filed in these two scenarios.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
As I said earlier, no lawsuit can be filed to claim damages for illegal possession of the property or due to delay in disposal of the case, albeit the mesne profits can be recovered.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi, it is not clear whose land has been illegally encroached and if the property is yours and some one has illegally grab your property then you have to file a suit for deceleration and possession.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A.  In tort law, a remedy in the form of monetary compensation is given to the aggrieved party.

B. Generally, the Court adjudicated that punitive damages can be awarded in only three following categories:
1.Cases where the plaintiff is injured by the oppressive, arbitrary or unconstitutional action by a servant of the government.
2. Cases in which the defendant’s conduct has been calculated by him to make a profit for himself which may well exceed the compensation payable to the plaintiff.
3. Where provided by statute.

C. The Supreme Court had reasoned that punitive damages could be granted only in very limited circumstances. In the pertinent part of the judgment, it stated: "Punitive damages can be awarded when the wrongdoers' conduct 'shocks the conscience' or is 'outrageous' or there is a willful and 'wanton disregard' for safety requirements. Normally, there must be a direct connection between the wrongdoer's conduct and the victim's injury."

D. You are entitled to get mesne profit towards unlawful possession by recovering the possession and lodge the complaint under trespass. You can file an application before the High Court for expeditious disposal of your case.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1. If anybody has illegally grabbed your property by trespassing in to it, you can file a police complaint for illegal trespass &/or file an eviction suit against him,

2. If the said property has been partitioned through Court order, then you should challenge the said order with supportive documents,

3. If it is found that some fake documents were submitted by the occupier before the Court for getting the partion ordered, you can also file a police complaint for faking documents against the said person,,

4. There is no scope for claiming any damage in the above matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1) it is your case that property has been illegally grabbed . in such a case you have civil and criminal remedy .

2) you can file suit for eviction against trespasser 

3) you can also file police complaint of criminal trespass 

4) you have no case for claiming damages for using political influence to delay disposal of suit 

4) in the event unnecessary adjournments are taken court  can impose costs on the defendant 

5) you can also move HC for expediting haring and final disposal of the suit
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Detail facts are required for best opinion.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
first of all you should file an application before the District Judge court along with certified copies of order sheet of at least 1 year. If lower court has been committing delay in proceeding then it may be cured by the DJ court. If you also not get any relief then you can approach to the High Court under article 226 for Writ C. There is complete separation of judicial proceeding from political influence.
If occupant has been in the said land for many years and applying hook and crooks for damages of your rights then you can claim for heavy compensation and seek punitive damage. but punitive damage will not satisfied you. it should be explanatory damage that any person think twice to grab any land, but it is discretion of the court it is not your matter of right.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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