Adverse possession -- Adverse possession is a hostile possession by asserting denial of title of true owner - A party claiming adverse possession must prove that his possession is `nec vi, nec clam, nec precario', i.e, peaceful, open and continuous - Further possession must be adequate, in continuity, in publicity and in extent to show that possession is adverse to true..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 323, 307, 506, 467, 468, 471, 201, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 148, 149, 323, 307, 506, 467, 468, 471, 201, 120-B IPC and Ss.25, 27 Arms Act - Admittedly, it is a case of version and cross-version and petitioner himself is injured - `L' who is accused in..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of FIR - Offences u/ss 13(2), 13(1)(d) PC Act and Ss.420, 120-B IPC - There are no allegations of criminal conspiracy rather it a case of civil nature and in case, violations are there of any sort, the same could be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 506, 120B, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Offences u/ss 363, 366-A, 376, 506, 120-B IPC and Ss.3, 4 POCSO Act - Perusal of FIR does not depict any role to petitioner in commission of offence - Petitioner is behind bars and that..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Fatal accident - Accident not occurred due to rash and negligent driving of accused - There were several potholes found on the road and due to that front wheel of offending vehicle (Maxi cab) was punctured and went on to left side of road and turtled as a result of which deceased being..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Initially there was altercation and quarrel between deceased and elder brother of accused and in course of such quarrel suddenly accused assaulted deceased - Nature of injury revealed from post mortem report and medical evidence demonstrate that injuries were caused by blunt weapon - However, it..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 148, 149 -- Anticipatory bail - Offence u/ss 323, 324, 326, 148, 149 IPC - It is a case of version and cross-version and the only alleged injury attributed to petitioner is on non-vital part - Even, prosecution could not convince acceptability of medical evidence which supports..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Dying declaration - Murder of wife by husband - Gunshot injury - Deceased stated that `Inhone Mujhe Mar Diya' - Word `Inhone' points to her husband, as Hindu ladies do not refer their husband by names, they devised an easiest expression to refer them as `inhone' - Deceased..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder of wife by husband - Gunshot injury - Accused is a dead drinker and used to quarrel with deceased and beat her after taking liquor - He killed deceased when she was preparing food in kitchen - Disclosure statement made by accused leading to recovery of weapon in presence of witnesses duly proved on..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Sexual assault - Court cannot convict accused for offence under IPC and POCSO Act at the same time - Special Law would prevail over general law - Since offence would be covered under POCSO Act, conviction under IPC cannot be sustained - Conviction of accused u/s 376..........
