Adverse possession -- Cannot be established by oral testimony alone...........
Adverse possession -- Suit for adverse possession could not have been decreed on basis of either a compromise or an admission, as for claim of adverse possession to succeed, plaintiff has to clearly establish open hostile possession for statutory period...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of weapon of assault at the instance of accused - Weapons were reportedly sent for chemical examination, though blood was present on the exhibits but purported chemical analyst report is not found available with case records - Relevant forensic evidence for seized shirt worn by co-accused was withheld by..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Hire purchase agreement - Default in payment of installments - Non-production of agreement by financier - Adverse inference - No adverse inference could have been drawn against Financier for not producing Hire purchase agreement before District Forum, particularly when there was no allegation in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Stranger to agreement making a claim adverse to title of defendant by claiming right of co-sharership in suit property cannot be termed to be necessary party, nor proper party for adjudication of case on merits...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Anticipatory bail - Offence u/s 363 IPC and Ss.7, 8 of POCSO Act - Alleged victim who claims to be girlfriend of accused has not made any allegation of kidnapping against him - There are also no ingredients of Ss.7, 8 of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and recovery of arrears of rent/occupational charges - Decree of possession does not automatically follow a decree of declaration of title and ownership over property - Where a plaintiff wants to establish that defendant's original possession was permissive, it is for plaintiff..........
Adverse possession -- Suit for recovery of possession - Plea of adverse possession not taken by defendant in suit - Where defendant was owner of only a portion of suit property but had admittedly been in possession of entire suit property and defendant has in written statement claimed to be in continuous possession or years as owner, defence of defendant in his written..........
Adverse possession -- Possession stated to be on account of consideration paid - Transaction did not fructify into sale deed - Sill the date when such possession became adverse has to be set out...........
Civil Procedure Code, 1908, Section 96, 97, 98, 99, 100 -- Appeal - Person aggrieved - Failure to place any material or demonstrate as to how judgment and decree passed by Trial Court adversely or prejudicially affects appellants - Mere saying that appellants are prejudicially affected by the decree is not sufficient - It has to be demonstrated that decree affects legal..........
