Adverse possession -- Opposite party has not even indicated date on which he claims to have come into possession over property in question or even date on which original tenure holder came into knowledge of opposite party's hostile possession and title - No pleading or evidence produced by opposite party on which plea of adverse possession could succeed - Plea of adverse..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - When disposal of appeal is likely to take time, accused may be ordered to be released on bail - There are compelling reasons for suspension of execution of sentence during pendency of appeal - There does not appear any other adverse reason to deny relief to accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Held, though the FIR may be a bit delayed it does not, by itself, give rise to an adverse inference against the truth of the prosecution case - The oral deposition in respect of use of torch is not liable to be discarded merely because the I.O. did not question the witnesses with respect to the source of light -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
Settlement deed -- Non-examination of Scribe in Court - Deed of settlement not required to be attested by law - Hence, it is governed by S.72 of Evidence Act - Moreover, settlement deed has been proved by examining the witness to said deed - Even, plaintiff admits that parties are in exclusive possession of respective shares as per deed of settlement - Failure to examine..........
Evidence Act, 1872, Section 114 -- Adverse inference - Evidence of two material witnesses withheld by prosecution - Adverse inference against prosecution has to be drawn...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Non-examination of two material witnesses - Scuffle between deceased and co-accused when they were sitting with accused and two persons - It was co-accused who stabbed deceased - Prosecution ought to examine these two persons who appears to be eye witnesses to incident - They were privy to conversation..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child not born out of wedlock and therefore she is carrying stigma of an unwanted child born on account of rape committed by defendant with mother of child - Therefore, determination of paternity by DNA profiling shall not cause any adverse impact upon her status, rather it would be in her interest to know..........
Adverse possession -- Suit for declaration of ownership based on adverse possession - Suit is maintainable...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Appeal against conviction - Dismissal of appeal - Accused after having served sentence of imprisonment for a period of 15 years 9 months and 27 days, was released u/s 432 Cr.P.C by Government - Dismissal of appeal shall not have any adverse effect on such exercise of power of remission by..........
