Adverse possession -- Plea of adverse possession is not a pure question of law but a blended one of fact and law...........
Adverse possession -- Pleas of title and adverse possession are mutually inconsistent and latter does not begin to operate until former is renounced...........
Suit for possession -- Plea of adverse possession - Plaintiff's father had inducted husband of defendant no.1 by executing rent bond only for 11 months - Defendants have used all possible recourse available to them under law to postpone handing over possession - They have succeeded in holding possession illegally for almost 67 years - Material on record shows that..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Some adverse orders passed - It cannot be said that orders on judicial side are passed under influence - Transfer petition dismissed...........
Evidence Act, 1872, Section 114(h) -- Adverse inference - Plaintiff himself sought declaration that he is not biological father of child - Plaintiff refused to undergo DNA test - Adverse inference has to be drawn against plaintiff...........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non-compliance of order - Order does not come under the purview of O.11.R.21 CPC - It is adverse inference which can be drawn in proper cases but Court cannot substitute the exercise of jurisdiction U.O.11.R.21 CPC either to strike off the defence or to dismiss the suit...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Purpose of S.313 Cr.P.C is to provide accused a reasonable opportunity to explain adverse circumstances which have emerged against him during course of trial - A reasonable opportunity entails putting all the adverse evidences in the form of questions so as to give an opportunity to the accused to..........
Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 114 -- Summons to produce documents - Accused seeking to summon complainant to produce Income Tax documents - Complainant is free to bring on record income tax documents at instance of accused, but in case he refuses to do the same, an adverse inference can be drawn at appropriate stage by trial Court...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Suit for declaration and possession - Plea of adverse possession by defendant - Unless defendant files counter claim, he will not be able to get a decree of declaration with regarding to their title based on adverse possession in a suit for declaration and possession filed by plaintiff...........
