Limitation Act, 1963, Article 110 -- Limitation - Partition suit - Plea of ouster - If the Co-sharer in possession, raises the plea of ouster or bar u/art 110 of the Act, it is incumbent on such co-sharer to prove that exclusion was to the knowledge of other co-sharers - Exclusion should be proved by tangible evidence - One cannot infer exclusion from enjoyment of..........
Partition -- Plaintiff had no knowledge about execution of partition deed of 1990 as alleged by defendants - Moreover, plaintiff is not a party to said partition deed - Courts below has rightly held that defendants failed to establish that plaintiff has received a sum of Rs.10,000 towards her share - As regarding plea of ouster taken by defendants, in the absence of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration on basis of adverse possession and permanent injunction - Plaintiff has relied upon agreement to sell to prove her ownership over suit property - However admittedly, said agreement was not proven on record in terms of S.64 of Evidence Act - Original agreement was never produced by plaintiff - Even no..........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Complaint against sick company - There is no embargo on filing a complaint u/s 138 of N.I. Act against a sick company - Even if there is a restraint order u/s 22-A of SICA, nature of restraint order and facts of case would have..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Complaint filed after 4 years from the incident without good explanation - Not only appellant was dragged into criminal proceedings but even parents of appellant were arrayed as accused - None of allegations levelled in complaint are substantiated by any other independent evidence on record -..........
Will -- Suspicious circumstances - Testator had four children including plaintiff and defendant No.1 - There is not even a whisper of reasoning as to why testator choose to exclude other three children from bequest and whether any other properties or assets were given to them - It is highly unlikely that a father would grant his entire property to one of his children at..........
Indian Penal Code, 1860, Section 302, 341, 323, 148, 149, Arms Act, 1959, Section 3, 25 -- Murder - Previous enmity between complainant party and accused `G' - No weapon of offence has been recovered by police at the instance of any of accused - Even, there is no FSL Report regarding empty shell of seized cartridge - Further, main accused persons `D', `G' and `Dh' were..........
Civil Procedure Code, 1908, Order 26, Rule 10A, Evidence Act, 1872, Section 112 -- DNA test - Compelling such tests without imminent need, imperils not only the sanctity of marriage, but legitimacy of the child and also becomes violative of the fundamental rights to privacy and dignity, as obtaining under Article 21 of the Constitution of India - No material is placed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife made specific averments that she was compelled to leave matrimonial home because of ill treatment - Her testimony on said aspect has not been challenged since she was not cross-examined by husband - Moreover, husband did not adduce any evidence to support his assertions - Husband has failed to produce..........
Armed service -- Disciplinary proceedings - Penalty - Appellant was issued an out-pass to enable him to visit hospital but, instead of visiting hospital, appellant was found at the residential colony at a distance about 12 kms from his Camp - He had been detained by civilians on account of indulging in some unwarranted activity - Though there was no evidence of trespass..........
