Showing : 101-110 of 380 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 364, 302, 34-- Abduction and murder - Circumstantial evidence - Accused No.1 to 3 abducted deceased - It is for accused persons to explain what happened to him as deceased was found murdered within a short time after abduction - In absence of any explanation Court to draw an adverse inference against accused..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302-- Murder - Delay in lodging FIR - Effect - Held, mere delay in lodging FIR cannot by itself be regarded as fatal to prosecution case - Court has duty to take notice of delay and examine same in backdrop of factual score, whether there has been any acceptable explanation offered by prosecution and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Service -- Compulsory retirement - Adverse remarks - Not communicated and respondent promoted thereafter - Promotion would have effect of wiping out adverse remark - High Court was justified in setting aside order of compulsory retirement - Respondent be treated to have retired from service on completion of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Adverse Possession -- Concept of - Held, conception of adverse possession fundamentally contemplates a hostile possession by which there is a denial of title of true owner - By virtue of remaining in possession possessor takes an adverse stance to the title of true owner - A mere possession or user or permissive..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Limitation Act, 1963, Section 28, Article 64, 66, 67-- Adverse possession - Time for acquiring title - Suspension of - Appellant had filed suit for eviction - Relief sought in plaint was for delivery of possession - Held, after institution of suit, time for acquiring title by adverse possession has been arrested or remained in a state of suspension..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Delay by itself does not render the prosecution case doubtful - If the delay is reasonably explained no adverse inference can be drawn against the prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Adverse possession -- Can be used as a shield and not as a sword - Plaintiff cannot seek declaration that adverse possession has matured into ownership - Plaintiff can only use his adverse possession as a shield/defence when a suit is filed against him...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65-- Declaration on ground of adverse possession declined but relief of injunction granted - Relief of injunction not challenged, hence finding became final - Finding of High Court in second appeal that plaintiff is not entitled to injunction were unnecessary and beyond the scope of appeal - Possession..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal trial -- Adverse inference - Incriminating material when stands fully established and accused is not able to furnish any explanation for the same then an adverse inference can be drawn against the accused...........

Showing : 101-110 of 380 Results