Adverse possession -- Onus to prove - Plaintiff claiming adverse possession - Onus therefore lay on plaintiff to establish possession as a fact coupled with that it was open, hostile and continuous to knowledge of true owner - Since plaintiff failed to discharge the onus, adverse possession, held, not proved...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial case pending between parties - Husband filed application for DNA test of himself, wife and her child - Wife stayed with him only for 3 days and there was no cohabitation even during those three days and thereafter she left matrimonial home - Husband alleged that after leaving matrimonial home,..........
Adverse possession -- Plaintiff can claim title to property based on adverse possession...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Every accused has a right to keep silent or deny incriminating circumstance emerged against him/her in evidence, but in such eventualities an adverse inference can be drawn against accused because despite opportunity provided to him/her, she/he failed to raise any defence in his/her behalf...........
Indian Penal Code, 1860, Section 302, 120B -- Defective investigation - Murder - Investigation of case was carried out either with pre-conceived notions or with a particular result in view - Omissions on part of investigating agency cannot be ignored as mere oversight - Omissions perforce give rise to adverse inference against prosecution...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership - Computation of period of limitation - When admittedly plaintiff was owner, it was incumbent upon defendant to prove a better title or raise plea of adverse possession - Once these pleas are not raised, mere fact that revenue entries are in favour of defendant is of no avail and could not..........
Adverse possession -- It is not a pure question of law, but a blended one of fact and law...........
Adverse possession -- Date of entry into suit land not mentioned by plaintiff - Mere possession of suit land for long time is not suffice to hold that plaintiff has perfected his title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved...........
Adverse possession -- Plaintiff not disclosed name of ex landlord who had granted land orally to their father - No rent receipt was filed by them - Plaintiff failed to establish that their father was in possession of suit land - Suit land vested in State in the year 1957 free from all encumbrances - No averments in the plaint that when possession of plaintiffs became..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Constructive desertion - Petition by husband - Various complaints were filed by wife and repeated compromises effected between parties - Husband himself failed to adhere to various compromises arrived at between parties and created a situation which forced wife to stay away from her matrimonial home - He had been..........
