Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - Suit for declaration - Defendant in his written statement clearly denied the possession and title of plaintiffs - Moreover, by pleading adverse possession plaintiffs have themselves admitted title of defendants, which is not extinguished - Objection raised by plaintiffs that there is no..........
Partition -- Co-owners - If one of co-owner is excluded by others, excluded co-owner has right to claim re-partition of properties subject to law of limitation and claim of ouster and adverse possession...........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Recovery of bale (ghatari) having dead body of deceased - Accused committed murder of deceased and subsequently both accused enwrapped the dead body in blanket and a bale (ghatari) was prepared - Dead body was recovered from possession of accused - Onus is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court formulated six substantial question of law - High Court committed an error as it framed two additional questions in the judgment itself - It caused prejudice to the rights of the parties who suffered the adverse order, as it had no knowledge about framing of two additional questions inasmuch as they were..........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2002, Section 3, 4 -- Rape - Determination of age of prosecutrix - Best important documentary evidence to determine age of prosecutrix not coming on record - Reasons not supplemented by prosecution for not producing said record - Adverse inference thus, drawn against prosecution - As..........
Adverse possession -- Plea of adverse possession is not pure question of law but a blended of fact and law...........
Adverse possession -- Person who claims adverse possession has to prove: (i) on what date he came into possession; (ii) what was the nature of his possession; (iii) whether factum of his possession was known to other party; (iv) how long his possession has continued; and (v) his possession was open and undisturbed...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Plea of adverse possession - Defendant failed to prove on record plea of adverse possession by leading cogent and convincing evidence - On the contrary plaintiffs proved to be owner in possession of suit land and it nowhere reflects possession if any of defendants over suit land, as claimed by them..........
Agreement to sell -- Specific performance - Readiness and willingness - No stipulation either in agreement to sell or in extension agreement that NOC needs to be obtained by defendant - It cannot be said that lack of NOC was a valid reason for plaintiff not to make payment of balance sale consideration - Plaintiff not made payment of balance sale consideration - Conduct of..........
Evidence Act, 1872, Section 114 -- Adverse inference - Recovery suit - Plaintiff not appearing as his own witness - Only witness who appeared as a witness on behalf of plaintiff failed to produce account books in order to prove that amount paid was being shown as advance and carried subsequently - Plaintiff could have produce on file its books of account to show that..........
