Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of material witnesses - Appellant dragged the deceased by holding her hair from her house up to the pond - Between the house of deceased and pond, there is a road and ridge of the pond - Investigating Officer admitted that there is a temple near the deceased's house and other people live nearby - Incident..........
Adverse possession -- State cannot take plea of adverse possession...........
Succession Act, 1925, Section 376 -- Probate - Any person claiming any interest adverse to testator or his estate cannot maintain any application before probate Court and his remedy would lie elsewhere...........
Adverse possession -- To be specifically pleaded and meticulously proved by cogent evidence...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Isolated land tax receipt - Not sufficient to prove adverse possession...........
Adverse possession -- Isolated land tax receipt - If really plaintiff was in possession from 1981 till date of filing of suit, he should have paid the land tax every year - However, plaintiff filed only isolated land tax receipt - Isolated land tax receipt not sufficient to prove adverse possession...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Plaintiff sought prescriptive title on the basis of UDR patta issued in his name - However, said patta have no seal of official who signed the document - Even, date of document also not mentioned - Patta was issued in favour of plaintiff without notice to defendants, who were original..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Refusal to undergo DNA test in a paternity dispute can lead to an adverse inference against refusing party - Such an inference, while not conclusive, strengthens the Court's ability to arrive at a just decision based on the available evidence and best interest of children...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to wife and children - Dispute as to paternity of children - DNA test - Husband refused to go for DNA test - Refusal to undergo DNA test in a paternity dispute can lead to an adverse inference against refusing party - Husband cannot deny paternity of children when he refuses to..........
