Mohammedan Law -- Right of pre-emption - Presence of two persons while performing Talab-e-ishad (formal demand) is a mandatory requirement - Failure to name such witnesses in pleadings will carry an adverse inference against person seeking enforcement of pre-emptory right - Plaintiff held, not entitled to exercise right of pre-emption...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order allowing revision petition and remanded matter for Executing Court for fresh consideration, cannot be considered as adverse order - No error apparent on the face of record - Review petition not maintainable and remedy is by way of appeal only...........
Criminal Procedure Code, 1973, Section 53A, 54, Indian Penal Code, 1860, Section 376(2)(f), 377, 302 -- DNA profiling - Offence u/ss 376(2)(f), 377, 302 IPC - Where DNA profiling has not been done or it is held back from the trial Court, an adverse consequence would follow for the prosecution...........
Evidence Act, 1872, Section 54 -- Previous bad character - Past adverse conduct of the convict ought not to be taken into consideration for the purpose of determining the quantum of sentence, except in specified circumstances...........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of drugs - Search and seizure - Prosecution failed to prove as to who produced case property - It could have been easily proved by producing documentary evidence and store room register - But no, production thereof, draws adverse inference against prosecution...........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 302 -- Adverse inference - Murder case - Victim last seen in the company of accused when victim offered chocolates to accused - No explanation forthcoming from statement of accused u/s 313 Cr.P.C as to when he parted company of victim - Even no explanation is there as to what happened after he getting..........
Evidence Act, 1872, Section 114 -- Plaintiff not appeared as his own witness - Sufficient evidence available on file to prove the case of plaintiff - Adverse inference can only be drawn once sufficient evidence is not available...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Question regarding title and ownership of suit property by adverse possession is a blended question of fact and law which cannot be directly or substantially put in issue in a suit for permanent injunction...........
Adverse possession -- Adverse possession is a hostile possession by asserting denial of title of true owner - A party claiming adverse possession must prove that his possession is `nec vi, nec clam, nec precario', i.e, peaceful, open and continuous - Further possession must be adequate, in continuity, in publicity and in extent to show that possession is adverse to true..........
