Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Date of entry into suit land not mentioned by plaintiff - Concurrent findings on record that plaintiff has not perfected title by way of adverse possession - No perversity in said findings - Otherwise also, if plaintiff is found to be in adverse possession, he cannot seek a declaration to the effect that..........
Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Person of unsound mind - Suit filed through natural guardian/mother - Suit was instituted by plaintiff through his mother acting as his next friend - Interest of mother is not adverse to plaintiff - Mere filing of suit for injunction by plaintiff through testamentary guardian against his mother restraining her from selling..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plea of ownership on basis of Will by defendant - Executor of Will acquiring title over property by adverse possession but no substantiated material is placed on record with regard to that - Hence, where adverse possession of executor of Will is not proved by evidence, defendant..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - PWs consistently and cogently deposed about seeing victim last with accused and about accused running away from the spot immediately after the incident - No explanation much less any plausible explanation is forthcoming from accused as to when he parted with company of victim - In absence of any explanation,..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non-examination of two material witnesses - Murder case - Two witnesses had seen the deceased jumping into canal - However, neither of two witnesses were examined at the trial and thus, evidently prosecution is guilty of concealing material evidence from Court which is sufficient to draw an adverse inference against..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 32 -- Murder - Non-recording of dying declaration - There is no evidence on record to indicate that deceased had achieved degree of stable health which was good enough for her to have given a dying declaration - In such circumstances, non-recording of dying declaration of..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC, does not attach to a party an absolute right to insist for production of a document in possession of adverse party in support of proof of his case...........
Prisons Act, 1894, Section 59, Prison (Bombay Furlough and Parole) Rules, 1959, Rule 4, Indian Penal Code, 1860, Section 395 -- Furlough - Offence u/s 395 IPC - As per police report if petitioner is released on furlough there is possibility that some untoward incident may happen and same can be taken care of by directing petitioner to reside at the place of her sister -..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity - Determination of paternity of plaintiff main issue involved in the suit - Reference to scientific testing in such situation cannot be considered a `roving enquiry'- DNA testing is not a violation of any fundamental right and while any person cannot be forced to undergo such test, an adverse presumption against him..........
Adverse possession -- Government property - Plaintiffs paid penalty in Encroachment case to government - When penalty is paid, plaintiff admits title of State - Possession is thus, not hostile to real owner and amount to denial of title to property claimed - Even plaintiffs have failed to prove date of entry into suit land, as their father paid the penalty - Element of..........
