Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Husband denied having income as alleged by wife - Even there is no specific averment by husband as regards his income - Adverse inference rightly drawn by family Court that husband is an able bodied person and must be earning minimum wages apart from being an owner of 12 acres of land, thus, rightly..........
Adverse possession -- It is hostile possession by assertion of a hostile title in denial of title of true owner...........
Adverse possession -- Plaintiff claimed adverse possession before expiry of 12 years, as original owner sold the suit lands to one person and she was put in possession - Claim of uninterrupted possession by plaintiff for 12 years therefore, unsustainable as completely devoid of substance...........
Adverse possession -- Onus to prove - Plaintiff claiming adverse possession - Onus therefore lay on plaintiff to establish possession as a fact coupled with that it was open, hostile and continuous to knowledge of true owner - Since plaintiff failed to discharge the onus, adverse possession, held, not proved...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial case pending between parties - Husband filed application for DNA test of himself, wife and her child - Wife stayed with him only for 3 days and there was no cohabitation even during those three days and thereafter she left matrimonial home - Husband alleged that after leaving matrimonial home,..........
Adverse possession -- Plaintiff can claim title to property based on adverse possession...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Every accused has a right to keep silent or deny incriminating circumstance emerged against him/her in evidence, but in such eventualities an adverse inference can be drawn against accused because despite opportunity provided to him/her, she/he failed to raise any defence in his/her behalf...........
Indian Penal Code, 1860, Section 302, 120B -- Defective investigation - Murder - Investigation of case was carried out either with pre-conceived notions or with a particular result in view - Omissions on part of investigating agency cannot be ignored as mere oversight - Omissions perforce give rise to adverse inference against prosecution...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership - Computation of period of limitation - When admittedly plaintiff was owner, it was incumbent upon defendant to prove a better title or raise plea of adverse possession - Once these pleas are not raised, mere fact that revenue entries are in favour of defendant is of no avail and could not..........
Adverse possession -- It is not a pure question of law, but a blended one of fact and law...........
