Hindu Marriage Act, 1955, Section 5 -- Customary form of marriage - Kudivaippu Marriage - Suit for partition - Under the Pristine Hindu Law, married daughters are not entitled to a share if their marriage was in Kudivaippu form after payment of streedhana to them at the time of their marriage - In the instant case, though defendants failed to prove the marriage of..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction and murder - Circumstantial evidence - Accused No.1 to 3 abducted deceased - It is for accused persons to explain what happened to him as deceased was found murdered within a short time after abduction - In absence of any explanation Court to draw an adverse inference against accused persons that they are murderers..........
Constitution of India, 1950, Article 21, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23(c) -- Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) Rules, 2013 - Inter-generational equity and sustainable development - Fixation of cap for extraction - Expert Committee after considering adverse impact on environment and the..........
Indian Penal Code, 1860, Section 302 -- Murder - Delay in lodging FIR - Effect - Held, mere delay in lodging FIR cannot by itself be regarded as fatal to prosecution case - Court has duty to take notice of delay and examine same in backdrop of factual score, whether there has been any acceptable explanation offered by prosecution and whether same deserves acceptation being..........
Service -- Compulsory retirement - Adverse remarks - Not communicated and respondent promoted thereafter - Promotion would have effect of wiping out adverse remark - High Court was justified in setting aside order of compulsory retirement - Respondent be treated to have retired from service on completion of 60 years of age and all consequential benefits, including pay and..........
Adverse Possession -- Concept of - Held, conception of adverse possession fundamentally contemplates a hostile possession by which there is a denial of title of true owner - By virtue of remaining in possession possessor takes an adverse stance to the title of true owner - A mere possession or user or permissive possession does not remotely come near the spectrum of..........
Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is extinguished - From this it only follows that if the former..........
Limitation Act, 1963, Section 28, Article 64, 66, 67 -- Adverse possession - Time for acquiring title - Suspension of - Appellant had filed suit for eviction - Relief sought in plaint was for delivery of possession - Held, after institution of suit, time for acquiring title by adverse possession has been arrested or remained in a state of suspension till entire proceedings..........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Delay by itself does not render the prosecution case doubtful - If the delay is reasonably explained no adverse inference can be drawn against the prosecution...........
Adverse possession -- Can be used as a shield and not as a sword - Plaintiff cannot seek declaration that adverse possession has matured into ownership - Plaintiff can only use his adverse possession as a shield/defence when a suit is filed against him...........
