Abscondance -- Mere abscondance of accused cannot be taken as a circumstance which give rise to draw an adverse inference against him...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - No evidence that deceased and accused were seen together at the spot of occurrence or nearby the same in close proximity of time - No unanimity regarding manner in which accused arrested - Extra judicial confession allegedly suffered before chance witness and not corroborated by any independent..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Appeal - Cross objections - If not filed, Court cannot draw adverse inference...........
Independent witness -- Non examination - If Court has discerned from the evidence or even from the investigation records that some other independent person has witnessed any event connecting the incident in question, then there is a justification for making adverse comments against non examination of such a person as a prosecution witness - Otherwise, merely on surmises..........
Constitution of India, 1950, Article 226, Delhi Special Police Establishment Act, 1946, Section 3 -- Investigation by CBI - Directions by High Court for fresh investigation - In absence of any adverse comment made against investigation done by CBI - Directions to CBI for fresh investigation by lodging another FIR, uncalled for...........
Adverse possession -- Person claiming adverse possession is required to establish (1) the date on which he came in possession; (2) nature of possession; (3) the factum of possession; (4) knowledge to the true owner; (5) duration of possession and (6) possession was open and undisturbed...........
Adverse possession -- Mere possession however long does not necessarily mean that it is adverse to the true owner - It means hostile possession which is expressly or impliedly in denial of the title of the true owner - In order to constitute adverse possession the possession must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the..........
Adverse possession -- Two basic elements are (1) the possession of the defendant should be adverse to the plaintiff and (2) the defendant must continue to remain in possession for a period of 12 years thereafter - Animus possidendi as is well known a requisite ingredient of adverse possession - Mere possession does not ripen into possessory title until possessor holds..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Arbitrator - Appointment - Existence of arbitration agreement questioned - Plea of transgression of limits of authority by the person executing the agreement - Nothing on record to suggest that any action was indeed taken against such person for the alleged transgression of the limits of his authority and if so the..........
Criminal trial -- Names of father of two accused could not be given in Court whereas so mentioned in FIR - No suggestion to the witness that names of fathers of two accused persons were mentioned at the instance of some other persons - Not asked as to how the name of their father had been mentioned in the FIR - Without an opportunity of explanation, adverse inference..........
