Adverse possession -- Suit for declaration of title and permanent injunction - Plaintiff's title/ownership to suit property is clearly established through registered sale deed, mutation, issuance of patta and approved building map in favor of plaintiff - It therefore, demonstrate possession under lawful title and do not reflect hostility required for adverse possession -..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because prosecutrix has levelled allegations against appellant in FIR and I.O. has deposed before Court with regard to contents of FIR, it cannot be presumed that allegations levelled in FIR are true and correct unless same is proved during course of trial by leading cogent evidence -..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix and her husband/PW2 did not support case of prosecution - Medical evidence also does not support case of prosecution - Three independent witnesses who were present at the place of occurrence though cited as PWs in charge sheet, were not examined by prosecution - Conviction and sentence,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
Agreement to sell -- Breach of agreement - Refund of advance amount - Execution and contents of agreement unequivocally admitted by defendant in his evidence - Case projected by defendant that plaintiff was aware of encumbrance on suit property from inception was nothing but an afterthought, devised solely to defeat plaintiff's legitimate claim for refund - More so, upon..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Cannot be sought by party for assistance of Court to collect favourable evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local commissioner - Restricted inspection by a qualified technical expert involving mere physical verification and photography, would not amount to demolition, disturbance or collection of evidence in prohibited sense - Rather, it would assist Court in clarifying structural features of disputed wall...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Absence of vehicle registration number in FIR or complaint lodged immediately after accident is not by itself fatal to claim, as FIR is not an encyclopedia and omissions at the initial stage may not be determinative - However, claimants must establish specific identity of vehicle/driver with caveat that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Complaint merely states that a vehicular accident occurred without identifying offending vehicle - Spot mahazar was admittedly prepared several days after accident - In absence of any eyewitness to accident, there is nothing to indicate basis upon which it was drawn up or on whose statement formed its..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit land is joint in nature and partition has not yet taken place - Defendant No.2 admitted the case of plaintiff and defendant No.1 stated that agreement is a forged and fabricated document - In respect of contradictory site plans, same is a matter of evidence and..........
