Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Adverse possession -- To be specifically pleaded and meticulously proved by cogent evidence...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Contradictory evidence given by PWs regarding the fact that accused was being found on the floor in unconscious state with bleeding injuries - Prosecution has not brought on record any evidence that there were any injuries on accused or that he was treated in the hospital - Weapons used in the..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Question involved in suit pertains to possession and does not relate to dispute involving title - Plaintiff proved his possession, supported by documentary evidence in the form of revenue records - In case defendant has any right over subject properties, he can claim possession from plaintiffs, only by..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Aggravated penetrative sexual assault - Victim boy aged about 6 to 8 years old sexually assaulted by appellant - FIR lodged next day of incident is not fatal to prosecution case - Minor contradictions and inconsequential discrepancies in the evidence of PWs do not dispel the credibility of..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered sale deed - Suit for permanent injunction - Suit is only filed for permanent injunction and not for declaration of title over property - Un-registered sale deed thus, can be received as evidence for collateral purpose to prove the possession of property subject to proof and relevancy...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - There cannot be any evidence when there is no foundational plea...........
Indian Penal Code, 1860, Section 458, 342, 380 -- Offence u/ss 458, 342, 380 IPC - Temple properties were seized from accused in the presence of PW5 - No explanation or any reason was given by accused for having possession of temple properties - Accused rightly convicted - However, trial Court without supporting any evidence and materials relied upon pending cases against..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Accused by way of additional evidence sought examination of mother of complainant - Specific case of complainant is that accused borrowed loan from his mother and she issued cheque in favour of accused which got..........
