Adverse possession -- Placing bitumen drums, erecting temporary structures, and constructing a boundary wall, do not constitute adverse possession - Adverse possession requires possession that is continuous, open, peaceful, and hostile to the true owner for the statutory period...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Plaint disclosing cause of action but same was cognizable by Revenue Court - Only course open to Civil Court is to return plaint and not to reject the same...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court being confined only to substantial questions of law - Findings of fact are not open to challenge in the second appeal...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signatures...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Defendant did not file any authentic document which contained his admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signature - Application..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal could be admitted only when appellant satisfies the Court that substantial questions of law between parties arise - Proper test for determining whether a questions of law raised in the case is substantial would be or whether it directly and substantially affects the..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of weapon of offence at the instance of accused - Recovery of hammer effected from a canal - Recovery panchnama shows that said hammer was having blood-stains which was packed in a bag which was put in water - Hammer was recovered from a place which is open and..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of blood stained clothes of appellant - It is appellant who had informed police about the crime and he was present there, therefore, presence of blood-stains on his clothes cannot be said to be unnatural - However, recovery is from a place which is open and accessible..........
Adverse possession -- Possession of proposed vendee under agreement to sell is always permissive possession under the vendor and he cannot plead adverse possession till he pleads and proves that he gave up the permissive possession and re-entered into possession which was open and hostile to the knowledge of the true owner...........
Maharashtra Co-operative Societies Act, 1961, Section 105 -- Auction sale - Setting aside - Appellant bank challenged auction sale on the ground that upset price was fixed on lower side - However, appellant was fairly and squarely aware of upset price much before the auction took place but appellant did not take recourse to legal remedies - It was thus, not open for..........
