Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Once petitioner has brought on record unimpeachable evidence in the shape of documents that he has resigned from directorship before issuance of cheque, merely because he did not reply to legal notice denying her directorship, no adverse inference can be drawn against..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Permanent disability in left shoulder - Compensation - Allegation that appellant suffered with myositis on account of adverse reaction of vaccination - However, family members of appellant had also taken vaccination and they have no complaint regarding same - No evidence on record brought by appellant that..........
Adverse possession -- Mere wrong possession of defendant for a period more than 12 years without intention to possess the suit land adversely to the title of plaintiff and too little knowledge cannot result an acquisition of title by defendant to encroached suit land...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for recovery of possession - Defendant contended that suit for possession of property should be filed within 12 years - However, there is no plea of adverse possession at all raised by defendant - It is incumbent on the part of defendant to plead when possession started becoming adverse - On the contrary defendant..........
Adverse possession -- Mere possession over a property for a long period of time does not grant right of adverse possession on its own...........
Adverse possession -- Plea of adverse possession is available not only as a defence when title is questioned, but is also available as a claim to a person who has perfected his title...........
Adverse possession -- Possession must be open, clear, continuous and hostile to the claim or possession of the other party - All three classic requirements must coexist i.e., adequate in continuity, adequate in publicity; and adverse to a competitor, in denial of title and knowledge...........
Adverse possession -- Mere passing of an ejectment order against a person claiming to be in adverse possession does not cause brake in possession neither causes his dispossession...........
Adverse possession -- When land is subject of proceedings wherein adverse possession has been claimed, belongs to Government, Court is duty-bound to act with greater seriousness, effectiveness, care and circumspection as it may lead to destruction of a right/title of the State to immovable property...........
Adverse possession -- Pleadings - A plea of adverse possession must be pleaded with proper particulars, such as, when the possession became adverse - Court is not to travel beyond pleading to give any relief, in other words, plea must stand on its own two feet...........
