Revenue records -- Revenue records are public documents maintained by government officials in the regular course of duties and carry a presumption of correctness u/s 35 of Evidence Act - Revenue entries do not by themselves confer title, they are admissible as evidence of possession and can support a claim of ownership when corroborated by other evidence. (Evidence Act,..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession - In a suit for possession based on title, plaintiffs must establish their ownership...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession based on title - Title of plaintiff not specifically denied - As defendant claimed adverse possession as such burden has shifted to defendant to prove their adverse possession...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - At the stage when evidence is yet to be led on all the disputed questions of fact and law, question of limitation cannot be said to be a pure question of law so as to justify rejection of plaint at its threshold...........
Evidence Act, 1872, Section 115 -- Estoppel - Where one knowingly accepts the benefits of an order, he is estopped from denying the validity of the same - But, this is a rule which is applied to ensure equity, and same cannot be applied in such a manner so as to violate the principles of what is right and of good conscience...........
Evidence Act, 1872, Section 115 -- Estoppel - There is no question of estoppel against a party where an error is committed by Court itself and Court is under a bounden duty to correct its own mistake...........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim as recorded u/s 164 Cr.P.C has not been exhibited - Such statement cannot be made corroborated piece of evidence without being exhibited...........
Indian Penal Code, 1860, Section 363, 342, Protection of Children from Sexual Offences Act, 2012, Section 9, 10 -- Kidnapping and sexual assault - Victim is found to be tortured on account of previous rivalry between her mother and accused regarding use of auto-rickshaw - Owner of auto rickshaw does not support the case of prosecution - Evidence of other PWs are based on..........
Sarpanch -- Removal from office - Bald allegations against appellant accepted without scrutiny and she was also denied the fundamental opportunity to be heard when proceedings commenced at the District Administration level - Holding the Sarpanch solely accountable for delays, without evidence of her failing in allocating work or performing a duty specific to her elected..........
