Evidence Act, 1872, Section 114 -- Adverse inference - Suit for specific performance - Plaintiff could not even recall the name of attestors and was referring to notes made on his hand, which was later confirmed by ministerial staff - Adverse inference rightly drawn against plaintiff that plaintiff is capable of going to any level to prove his case...........
Evidence Act, 1872, Section 137, 154 -- Re-examination of witness by taking aid of S.154 of the Act - Application opposed that it is not a case where witness turned hostile at the stage of cross examination - S.154 of the Act clearly envisages that Court may, in its discretion, permit the person who calls a witness to put any question to him which might by put in cross..........
Service -- Indian Navy - Annual Confidential Reports (ACRs) - Adverse remarks - Denial of promotion - One particular adverse report (which stands expunged) not affected succeeding reports as rightly held by Armed Forces Tribunal (AFT) - Though appellant was given higher numerical grading by Initiating Officer (IO) and even by Next Senior Reviewing Officer (NSRO) - However,..........
Criminal Procedure Code, 1973, Section 161, 162 -- Statement u/s 161 Cr.P.C. - If Court has not put any question to witness with reference to his statement recorded u/s 161 Cr.P.C., it is impermissible for Court to use that statement later even for drawing adverse impression regarding evidence of that witness...........
Civil Procedure Code, 1908, Order 32, Rule 1, 3 -- Minor - Guardian - Where natural guardian or duly constituted guardian had adverse interest against minor in a suit, then, a next friend or guardian ad litem, as the case may be would represent minor in civil litigation - However, next friend representing minor in suit U.O.32.R.1 CPC will not take away right of duly..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Next friend/guardian - Suit filed on behalf of minor by his elder brother as his next friend - Sustainable, as next friend has no adverse interest to that of minor - Minor on attaining majority within one year of date of filing suit elected to continue with suit - Merely because father of minor is alive is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of seven small packets of heroin - Small quantity - Non-compliance of S.57 of the Act, may not be single handedly enough to hold that accused was not guilty - But if no, compliance of S.57 of the Act is coupled with other significant infirmities such as there being no procedure followed for..........
Rent and Eviction -- Rate of rent - Findings recorded by trial Court regarding rate of rent based on evidence brought on record - Adverse inference is drawn against tenant by trial Court that he had not produced diary acknowledging entry of payment of rent made by landlord - Trial Court after appreciation of evidence coming to conclusion that rate of rent is Rs.1500/- p.m..........
Adverse possession -- Cannot be claimed by one member of family against other member for want of any animus among them over land belonging to their family...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to prove their ownership over suit..........
