Adverse possession -- Mere long possession cannot establish ownership by way of adverse possession - Defendants are required to establish their hostile possession by clearly asserting their hostile title in denial to the title of true owners and such possession must be proved to be peaceful, open, continuous in publicly and must start with a wrongful disposition of true..........
Service -- Government aided school - Wrongful termination - Reinstatement with Back wages - Services of respondent no.4 terminated by school tribunal without following statutory rules requiring involvement of Government officials - However, termination of respondent no.4 subsequently set aside and reinstated with back wages - School Tribunal consciously put the burden of..........
Criminal trial -- Suspicion, howsoever grave cannot take place of proof - Prosecution case to succeed has to be in the category of "must be" and not "may be" and distance to be covered by way of clear, cogent and unimpeachable evidence to rule out any possibility of wrongful conviction of accused and resultant mis-carriage of justice...........
Limitation Act, 1963, Section 14 -- Word `civil proceedings' - Covers proceeding u/art 226 of Constitution praying reliefs concerning civil rights - Wrongful removal, termination, dismissal, discharge from service is infringement of civil rights of a person and when such infringement is called in question in a writ proceeding, it is axiomatic that such a proceeding is a..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Claim based on hire charges on amount of loss caused by wrongful seizure of machinery or equipment - Arbitrator ought to have ascertained the total value of machinery - Hire charges may at times furnish the basis for determining the compensation - But such determination cannot normally..........
Indian Penal Code, 1860, Section 363, 364 -- Kidnapping of ten years minor child - Minor child stated that accused abducted him and brought to her house and kept in wrongful confinement for two days, from where he was recovered - PW3 is a witness of said recovery - However, no other evidence is available against accused for being member of a gang, involving in killing and..........
Service -- Wrongful termination - Reinstatement with back wages - There was no, compliance of mandatory requirements as provided under U.P. Industrial Disputes Act by respondent-firm at the time of passing an order of termination against appellant-workman - Fact that appellant was gainfully employed during the period of adjudication was neither pleaded nor proved before..........
Indian Penal Code, 1860, Section 342, Criminal Procedure Code, 1973, Section 482 -- Wrongful restraint - Quashing of proceedings - Accused took the victim along with him and is in the custody of accused - Victim unable go anywhere and even during night accused stated to have made the victim to stay in same room in the same cot - By giving new place and circumstances,..........
Adverse possession -- Mere possession or permissive possession does not demonstrate spectrum of adverse possession - Possession should be adequate in continuity, in publicity and extent to show that possession is adverse to very knowledge of true owner - Possession must start with a wrongful dispossession of rightful owner and should be actual, visible, exclusive, hostile..........
Service -- Recovery of excess payment made to employee by mistake - If the effect of recovery from concerned employee would be more unfair, more wrongful, more improper and more unwarranted, than the corresponding right of employer to recover the amount, then it would be iniquitous and arbitrary, to effect the recovery - In such a situation employee's right would be..........
