Criminal trial -- Call details record - Solitary call received by deceased from the mobile no of accused - Both deceased and accused lived together and were acquainted with each other - Making of telephone call by accused to deceased is not unusual - No adverse inference can be drawn on the basis of said telephone call...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant as to allocation of suit in..........
Adverse possession -- Needs to be pleaded and proved with certainty - Courts will have to take the date on which the possession turned hostile and the manner in which possession was hostile vis-a-vis the true owner - Possession should be open, continuous and hostile...........
Service -- Retirement - Withholding of retiral benefits - Without issuing show cause notice - Show cause notice indeed has to be issued if any adverse order is contemplated - However, appellant himself acquiesced to these demands made by respondents while filing up his proforma at time of retirement by admitting to certain amounts - Once appellant has accepted certain..........
Civil Procedure Code, 1908, Order 32, Rule 1, 3, 4, 6, 7(As -- Person of unsound mind - Sued but not through guardian or next friend - On objection being raised by defendants plaintiff filed an application to implead major son with whom person of unsound mind was residing - Son having no interest adverse to her - Application supported by an affidavit - There is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms ganja - Search and seizure - Non-compliance of S.50 of the Act - Accused not apprised by arresting police party that he has a right under law to opt for being searched before Gazetted Officer/Magistrate, which is mandatory provision and would have adverse effect on accused being held..........
Indian Penal Code, 1860, Section 302, 147, 149 -- Murder - Non-production of one of PW cannot afford a basis to draw an adverse inference against prosecution, particularly, when direct and specific evidence fully corroborated by other attending circumstances proved the guilt of accused - Accused rightly convicted...........
Evidence Act, 1872, Section 114 -- Adverse inference - A party not appearing as his own witness - Adverse inference drawn...........
Indian Penal Code, 1860, Section 379, 201, Evidence Act, 1872, Section 114 -- Theft - Adverse inference - Allegation that accused stole the bond paper on which settlement among three parties including accused was recorded - It is not believable that accused after snatching bond will again come back on the same day and no action is taken against accused - Adverse inference..........
Evidence Act, 1872, Section 114 -- Plaintiff himself not appearing as his own witness - Plaintiff appearing through attorney - No prejudice shown to be caused to defendant - Nothing to show that any material question put to attorney not answered - Adverse inference can only be drawn if attorney is unable to answer the question put forth to him...........
