Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan of Rs.10,00,000/- - Source of income - Non-filing of income tax return - Non filing of Income Tax Return by itself does not mean that complainant had no source of income - No adverse inference can be drawn in this regard only because of absence of Income Tax Return...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Date of entry into suit land not mentioned - Mere possession of suit land for long time is not sufficient to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved - Both the Courts..........
Adverse possession -- Date of entry into suit land has not been mentioned - Mere possession of suit land for long time is not suffice to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved - Both the Courts below after analyzing of evidence on record as well as pleadings, negative..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of adverse possession - If the plaintiffs are found to be in adverse possession, they cannot seek a declaration to title on the ground that such adverse possession has matured into ownership...........
Limitation Act, 1963, Section 3, Article 65, Specific Relief Act, 1963, Section 39 -- Limitation - Suit for mandatory injunction - Encroachment - Plaintiff failed to plead about the date on which defendants encroached suit track - Plea of adverse possession taken by defendant - However, they failed to prove the same - Defendant admitted that encroachment made is temporary..........
Adverse possession -- It is not a pure question of law, but a blended one of fact and law - Mere possession of suit land for long time is not suffice to hold that plaintiff had perfected title by way of adverse possession unless classical requirements of adverse possession are pleaded and proved...........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Date of entry into suit land not mentioned by plaintiff - Concurrent findings on record that plaintiff has not perfected title by way of adverse possession - No perversity in said findings - Otherwise also, if plaintiff is found to be in adverse possession, he cannot seek a declaration to the effect that..........
Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Person of unsound mind - Suit filed through natural guardian/mother - Suit was instituted by plaintiff through his mother acting as his next friend - Interest of mother is not adverse to plaintiff - Mere filing of suit for injunction by plaintiff through testamentary guardian against his mother restraining her from selling..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plea of ownership on basis of Will by defendant - Executor of Will acquiring title over property by adverse possession but no substantiated material is placed on record with regard to that - Hence, where adverse possession of executor of Will is not proved by evidence, defendant..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - PWs consistently and cogently deposed about seeing victim last with accused and about accused running away from the spot immediately after the incident - No explanation much less any plausible explanation is forthcoming from accused as to when he parted with company of victim - In absence of any explanation,..........
