Adverse possession -- Plea of adverse possession is not a pure question of law but a blended one of fact and law - Whenever plea of adverse possession is projected, inherent in the plea is that someone else is owner of property...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Appellant is registered owner of vehicle but had not participated in offence as alleged by prosecution nor had knowledge of alleged transaction - Vehicle in question released on terms and conditions to be determined by Special Court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession - Defendant in his written statement stated that his wife is owner in possession of suit land - In absence of wife of defendant no effective decree for possession could be passed - Presence of wife of defendant is very much necessary for complete and effective adjudication of suit..........
Hindu Law -- Ancestral property - No evidence on record that suit property was undivided property of a Hindu family of four generations - Plaintiff has only produced jamabandis to establish nature of property - However, said jamabandis shows that defendant is the owner of suit property - Suit property in question thus, cannot be held as ancestral property...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Appellant was aged about 19 years old at the time of accident - Left leg of appellant was amputed below knee due to injuries suffered in the accident - Appellant will not be able to perform any physical labour - Though appellant was a gratuitous passenger in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 13 kg morphine - Bail - Large quantity of contraband was found in a car driven by co-accused - Statement of co-accused recorded u/s 67 of NDPS Act has also named his owner accused - In the face of S.37 of NDPS Act, High Court could not and..........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m) -- Proviso - Adulteration - Sample of Paneer - There is no indication in Public Analyst report as to whether moisture content was more due to natural causes - Even, milk fat content of dry matter may depend upon quality of milk and this question was also not gone into - Petty shop owner has been prosecuted by..........
Hindu Law -- Family settlement - There is no family settlement nor any other evidence has come on record to prove that suit property was ancestral in nature and rightly mutated in the name of son of deceased/grandfather of plaintiff - In the absence of said material evidence, Courts below have erred in holding that son of deceased had become owner of suit property on..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of Insurance Company - Testimony of eye witness - Incident occurred in busy market place - Testimony of eye witness duly established the accident as well as involvement of offending vehicle - Eye witness did not know the deceased and his family before the accident - Merely because he has not..........
Tamil Nadu Highways Act, 2001, Section 15(2), Tamil Nadu Highways Rules, 2003, Section 5(2) -- Acquisition of land - Fullest opportunity has been given to original land owner to submit his objections before issuance of notification u/s 15(1) of the Act - High Court thus, was right in observing that there is substantial compliance of S.15 of the Act 2001 r/w Rules 2003 - No..........
