Possession -- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit land is owned by plaintiff and part of same was in possession of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Consolidation of two suits - Single judgment - Suits in which common issues have been framed and common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments and decree not assailed thereupon metamorphoses into..........
Evidence Act, 1872, Section 7, Constitution of India, 1950, Article 20(3) -- Fingerprints or footprints - Direction to accused to provide his fingerprints or footprints for corroboration of evidence, cannot be considered as violation of protection guaranteed u/art 20(3) of Constitution - However, no, compliance of the same may lead to adverse inference, nevertheless, it..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 112, 114 -- Rape - DNA test - Paternity of child - DNA test is essential to establish whether ingredient of S.375(4) IPC, is there or not - If accused refuses to undergo DNA test, Court can draw adverse presumption u/s 114 of Evidence Act - Application allowed...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Wife suffering from Sickle cell disease - Wife and her parents were aware about her disease before solemnization of marriage and said fact was concealed by them from husband - Sickle cell disease is not curable and wife who suffered a paralytic attack within three months of her marriage due to said..........
Adverse possession -- Once defendant claimed that construction over suit land was raised by him presuming himself to be owner, plea of adverse possession could not have been taken by him...........
Adverse possession -- Once defendant made offer for exchange of land, no plea of adverse possession could be taken by them...........
Adverse possession -- A person who claims adverse possession should prove (a) on what date he came into possession, (b) what was nature of his possession, (c) whether factum of possession was known to the other party, (d) how long his possession has continued and (e) his possession was open and undisturbed...........
Adverse possession -- Plea by defendant - Burden is upon defendant to prove as to at what point of time his possession became hostile to the plaintiff and at what point of time it matured into title by way of adverse possession after lapse of 12 years - In the instant case it can be safely concluded that defendants have failed to prove hostile animus, if any, towards..........
Limitation Act, 1963, Article 65(b) -- Limitation - Suit for partition - Suit filed by sons and daughters(plaintiffs) of deceased, who was having right over suit property on the basis of inheritance made from her mother - Plaintiffs were in joint possession at time of institution of suit and it never became adverse - Defendants failed to establish the plea of ouster -..........
