Rent and eviction -- Adverse possession - Once relationship of landlord and tenant is admitted, then tenant is stopped from claiming adverse possession - Moreover, failure of tenant to vacate property despite notice to quit, will not give him right to claim adverse possession - There was no obligation of trial Court to delve into issue of limitation of its own...........
Evidence Act, 1872, Section 114, Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Plaintiff not entering the witness box - Plaintiff must prove facts within his personal knowledge by appearing in witness box - Statement of Power of Attorney qua such facts not admissible - In such a situation an adverse inference has to be drawn against plaintiff...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kg poppy husk - Merely because at the time of preparation of documents regarding search and seizure, Colum regarding FIR was kept vacant and later on receiving the copy of FIR, its number was filled, no adverse inference can be drawn against prosecution rendering the prosecution story..........
Limitation Act, 1963, Article 110 -- Limitation - Plea of exclusion by ouster an extension to law of limitation relating to adverse possession between co-owners, ought not to be applied for persons who are claiming succession to property where defendant is unable to prove such exclusion - Ouster of possession must be such as to bring home to knowledge of other heirs that..........
Acquisition of shares -- Dishonour of cheque for buy-back shares - Appellant tendered consideration by Post-dated cheques which subsequently dishonoured and criminal proceedings had been initiated against appellant - Post-dated cheques amounted to a promise to pay and that promise would be fulfilled on the date mentioned on the cheque - At the time of making the public..........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay in sending special report to Magistrate - Officer in charge of police station not asked any question about delay in sending special report to Magistrate - No adverse inference can be drawn against prosecution...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Refusal to make statement at second motion - Adverse inference or an inference of consent cannot be drawn against a party who refuses to make a statement at the second motion...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Held, suit is not maintainable - Even if plaintiff is found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession has matured into ownership...........
Service -- Claim of pension - Continuing wrong - Delay and latches or limitation would not thwart the claim so long as the claim if allowed does not have any adverse repercussions on the settled third-party rights - However, claim for pension can be restricted if otherwise sustainable in law, to three years previous to when it was raised in a judicial forum...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Change of user of premises - Non-production of rent agreement by landlord - Adverse inference can be drawn against landlord...........
