Co-sharers -- Plea of ouster - Proof of ingredients of adverse possession are undoubtedly indispensable even in a plea of ouster - However, there is additional requirement in the case of ouster that elements of adverse possession must be shown to have been made known to co-owner, as possession of a co-owner is treated as possession of other co-owners...........
Service -- Premature/compulsory retirement - Order of compulsory retirement is in public interest and is passed on the subjective satisfaction of Government and is not liable to be quashed by Court merely for the reason that un-communicated adverse remarks were taken into consideration...........
Adverse possession -- Suit for declaration and injunction - Defendants claiming adverse possession on basis of unregistered sale deed of suit property valued more than Rs.100 - Compulsorily registerable document not registered could not be relied upon in evidence - There cannot be finding on adverse possession when claim is based on a document inadmissible in evidence -..........
Indian Penal Code, 1860, Section 53, 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Death sentence - Gravity of crime was taken into consideration while imposing death sentence - Mitigating circumstances and probability of reformation and..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Demand of money for construction of house even by deceased from her mother or uncle - Evidence on record that deceased was pressurized to make such a request for money - It was not a case of complicity but a case of helplessness faced by deceased in such adverse circumstances...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Adverse possession -- Tenancy right and adverse possession - Both the pleas are mutually destructive and inconsistent, thus, cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration that plaintiff is a lawful occupier as caretaker/servant of A schedule property and occupier and adverse possession of B Schedule property - Caretaker/servant never acquires interest in the property irrespective of his long possession and caretaker/servant has to give possession forthwith on demand - So..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed by plaintiff on the basis of adverse possession - Plaint lacks material particulars and plaint does not disclose cause of action for institution of suit - Plaint rejected...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff is required to disclose availability of balance sale consideration - Once plaintiff has not only failed to disclose but has refused to disclose, Court draws adverse inference against plaintiff...........
