• SC / MP HC citation for allowing 156 (3) where there is no Batwaranama

Pls help with the SC judgement or MP High court judgement where in 156(3) ,is allowed for
1. Selling of property wherein suit is pending 
2 Trespassing and selling of the property without Batwaranama
Asked 5 years ago in Criminal Law
Religion: Hindu

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3 Answers

1. Section 156(3) Cr.P.C. has nothing to do with the civil matter.

You can operate the law of lis pendens:  The doctrine of lis pendens, embodied in Section 52 of the 1882 Transfer of Property Act, effectively provides that during the pendency of a suit in which any right to immovable property in is question, the property cannot be transferred by any party to the suit so as to affect the rights of other parties.

Lis pendens is nothing more or less than an official public notice that a lawsuit has been filed that involves a claim on a property. ... One party is using lis pendens as a way to protect its claim, and in the process, create hurdles for selling the property. It won't prevent the sale, but most buyers will steer clear.

2. Section 447 IPC :  Punishment for criminal trespass. —Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.

“441. Criminal Trespass.—Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence, or having lawfully entered into or upon such property, remains there with the intention of taking unauthorised possession or making unauthorised use of such property and fails to withdraw such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served on him, is said to have commit “criminal trespass.“

T Kalaiselvan
Advocate, Vellore
90135 Answers
2504 Consultations

Alienation Of Suit Property Not Illegal Merely Because It Was Done During Pendency Of Suit: SC 

"The transfer remains valid subject, of course, to the result of the suit."


Ajay Sethi
Advocate, Mumbai
99934 Answers
8158 Consultations

Dear Querist

156(3) of Cr.P.C. is for the direction by the magistrate to police for investigation and not for direction to the selling of property, if any person sells your property without your consent then you may file a criminal complaint before the police and if police are not ready to register the FIR then you may approach the concerned magistrate for direction to police under section 156(3) of Cr. P.C.

 

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Nadeem Qureshi
Advocate, New Delhi
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