Adverse possession -- Mere tethering of cattle or storing of fuel or logs on waste or open land is not adverse possession - It is merely a case of user and not of possession of the open land...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery at thoroughfare - No independent witness joined though available - Adverse inference drawn - Accused acquitted giving benefit of doubt...........
Adverse possession -- Permissive possession - Father permitted his eldest son to occupy one of the houses built by him - Son in permissive occupation cannot claim to be co-owner alongwith father - Son cannot claim adverse possession...........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. - Can be in three circumstances viz. (1) if the apprehension of breach of peace is recorded to have ceased to exist relating to the factum of possession of the disputed property and the Magistrate is absolutely satisfied about that from the materials placed before him; (2) if the decision..........
Evidence Act, 1872, Section 114 -- Party in possession of evidence failing to produce - Adverse inference to be drawn...........
Banking service -- Complainant taking loan from the bank by pledging her gold ornaments - Bank allegedly selling ornaments in an auction without notice to complainant - Bank claiming that gold was auctioned on a particular date - Rules providing for preparing the records - Bank should have the records in their possession - Failure to produce such records, without..........
Airlines -- Travel agent services - Air ticket - Purchased through agents of the Airways - Boarding denied on the ground that the ticket was not having O.K. status and not confirmed - Reason offered not substantiated - Non-production of the relevant material by Airways generating an adverse inference against them - Airways and both agents held jointly and severally liable..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Passage/road berm - Long user - Adverse possession - Plaintiff having no right, title or interest in the suit property - Municipal Committee also failing to prove its ownership - User by plaintiff for 20 to 25 years - Long user will not clothe the plaintiff with any legal right either to own or possess the suit land..........
Industrial Disputes Act, 1947, Section 10 -- Termination - Adverse inference - Plea of department that workman not completed 240 days in twelve calender months preceding date of termination - Non production of documentary evidence before Labour Court which was in possession of the State alone - Adverse inference rightly drawn against the Management...........
Criminal Procedure Code, 1973, Section 157 -- FIR - Sending copy to Magistrate - Delay - If reasonable, plausible and sufficient explanation is tendered, no adverse inference can be drawn against it - Failure to explain delay requires the Court to minutely examine the prosecution version for ensuring itself as to whether any innocent person has been implicated in the crime..........
