Adverse Possession -- Concept of - Held, conception of adverse possession fundamentally contemplates a hostile possession by which there is a denial of title of true owner - By virtue of remaining in possession possessor takes an adverse stance to the title of true owner - A mere possession or user or permissive possession does not remotely come near the spectrum of..........
Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is extinguished - From this it only follows that if the former..........
Limitation Act, 1963, Section 28, Article 64, 66, 67 -- Adverse possession - Time for acquiring title - Suspension of - Appellant had filed suit for eviction - Relief sought in plaint was for delivery of possession - Held, after institution of suit, time for acquiring title by adverse possession has been arrested or remained in a state of suspension till entire proceedings..........
Evidence Act, 1872, Section 63, 65 -- Photostat copy - Secondary evidence - Admissibility - Held, Photostat copy of a document can be allowed to be produced only in absence of original document - When a party seeks to produce photostat copy it has to lay foundational facts by proving that original document existed and is lost or is in possession of opposite party who..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Conscious possession - Recovery from house - No effort made to ascertain ownership of house and as to who were the other occupants of the house and whether any tenant was also staying there or not at the relevant time - Held, conscious possession of accused not proved...........
Co-owner -- Suit for possession - Held, any one of the co-owners can sue successfully in ejectment or recovery of possession of whole of the property...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Land reserved for common purpose - Determination of title - No revenue document to show that private respondents were in cultivating possession of land in dispute which was declared in their ownership vide impugned order - Nothing on record that any pro-rata cut was imposed upon right holders and land in..........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Disproportionate assets - Burden of proof - Held, it is burden of prosecution to prove that person, accused of having been found in possession of assets disproportionate to his known sources of income, is proved beyond reasonable doubt to have been found in possession of property disproportionate to his known sources..........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Disproportionate assets - Burden of proof - Accused alleged to have amassed assets disproportionate to his known source of income - Assessment of valuation of immovable and movable properties of accused could not be proved - Held, prosecution failed to establish that accused had been found in possession of assets..........
Arms Act, 1959, Section 25(1B)(a) -- Fire arms and ammunition - Conviction - Validity - Recovery of fire arms and ammunition from possession of petitioner - Factum of recovery not supported by any of independent witness - Material exhibit produced before Court not same material exhibit examined by ballistic expert - Connectivity of material exhibit in possession of..........
