Adverse possession -- A person who claims adverse possession should show: (a) on what date he came into possession, (b) what was the nature of his possession, (c) whether the factum of possession was known to the other party, (d) how long his possession has continued, and (e) his possession was open and undisturbed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.750 kg ganja and 2.175 kg charas - Presumption of culpable mental state - No evidence produced by defence to rebut said presumption - Nothing adverse has come out from cross-examination of PWs for rebuttal of such presumption - Therefore, even by drawing adverse inference as accused were..........
Adverse possession -- Possessing property with hostile animus to exclude all, is sufficient enough to constitute adverse possession - It is not necessary that true owner must be identified and specifically put on notice - It would suffice if possession is nec clam i.e., open and without stealth or secrecy, sufficient enough to bring it to the notice of claimants, if any...........
Adverse possession -- To call possession "adverse", what is material is the animus - There has to be a hostile animus - Intention to exclude the whole world from challenging a person's possession necessarily implies possession with hostile animus, to exclude all others including the rightful owner - Same would be sufficient to constitute adverse possession...........
Alternative and inconsistent plea -- Distinction - Alternate pleas are essentially different from inconsistent pleas - Inconsistent pleas do not go together - A plea of title and adverse possession would, in certain situations partake the character of alternate pleas, and in certain circumstances, of inconsistent pleas - When defendant claims a derivative title under the..........
Indian Penal Code, 1860, Section 302 -- Murder of husband by wife - Circumstantial evidence - Deceased allegedly assaulted by accused with knife - However, post mortem report shows multiples injuries on the body of deceased not caused by one person and tells entirely different story - More so, accused being woman could not make such severe and repeated assault on deceased..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Applicants seeking impleadment as defendants, while alleging that they are co-sharers - They are seeking to set up title adverse to claim of vendor/defendant - Dispute of title inter se between defendant and applicants is outside the scope of suit for specific..........
Adverse possession -- Alternative pleas of title and adverse possession - Plea of title pursuant to a sale document defeats the plea of adverse possession...........
Evidence Act, 1872, Section 114 -- Promissory note - Plaintiff alleges that defendant borrowed loan amount under two promissory notes from PW2, who is partner of finance companies - Non-production of personal ledger and personal cash book of plaintiff, is fatal to facts of case - Adverse inference thus, drawn against plaintiff u/s 114 of Evidence Act - Defendant rebutted..........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Notice U.O.12.R.8 CPC - Non-production of document as demanded in notice - Adverse inference cannot be drawn against a party called upon to produce a document, as U.O.12.R.8 CPC only a demand is made calling upon other side to produce certain documents - Relevancy of documents sought to be got produced is to be examined by..........
