Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c), 26(d) -- Recovery of 10 bags of poppy straw - Violation of conditions of licence - Plea of defence that violation of conditions of licence can be punished only u/s 26(d) NDPS Act - Not tenable - As the contravention of licence in relation to poppy straw has been dealt with in S.15 NDPS Act and S.26 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c) -- Recovery of 10 bags of poppy straw - Plea of defence that truck was standing near village `P' as it could not enter villages from where goods were purchased due to rain - However, no effort has been made by defence to prove that there was any rain on that day - Accused rightly convicted...........
Adverse possession -- Burden to prove adverse possession is on the party who set up such plea...........
Adverse possession -- Co-owners - No element of either adversity or/and hostility between two co-owners/brothers, because in a dispute of this nature where both parties are related to each other, possession of one is regarded to be possession of other unless facts show otherwise - Plea of adverse possession thus, negated...........
Adverse possession -- Mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adverse possession unless it is further proved that such possession was open, hostile, exclusive and with assertion of ownership right over property to knowledge of its true owner...........
Adverse possession -- Plaintiff undisputedly was the owner of encroached land, which was alleged to be in possession of defendants - Defendants thus, admitted the ownership of plaintiff over entire land including suit land by setting up plea of adverse possession over it - Courts below thus, not justified in holding that defendants have perfected their title over suit..........
Adverse possession -- Defendant encroached upon land of plaintiff in the year 1983 - Suit for declaration filed by plaintiff in the year 1992 is within 12 years from date of knowledge of such encroachment - Plea of adverse possession was thus, not available to defendants against plaintiff, because 12 years had not been completed by then...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that loan not advanced through account payee cheque and thus violated the provision of S.269-SS of Income Tax Act - Advancing loan not in consonance with the provision of S.269-SS of Income Tax Act will not make the proceedings u/s 138 of the Act bad in law...........
Service -- Correction in date of birth - Employee retired on 31.01.2014 and in the month of January, 2014 he submitted representation for correction of his date of birth - Plea that he also made representation in the year 2003 - Employee was well aware that his date of birth was not corrected and he waited for 10 years - Held, it is not open to employee to wait for 10..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application - Attention of Court drawn towards plea in written statement - Held, while deciding application U.O.7.R.11 CPC, Court is required to see averments made in the plaint - Court is not required to see the averments in the written statement or the stand of defendants - Order..........
