Limitation Act, 1963, Article 64, 65 -- Limitation - Plea of adverse possession - Admittedly, appellant is a third purchaser of suit property from deceased and is in possession of property since long through oral sale-deed - Limitation for adverse possession cannot be reckoned from period of oral agreement rather period will be reckoned from the date of alleged..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 8 -- Kidnapping - Murder - Motive - There is no documentary evidence with regard to land transaction between deceased and accused which is established by unshattered corroborated oral evidence - Therefore, absence of documentary evidence cannot discard motive proved by oral evidence...........
Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Appeal against conviction - Supreme Court being last Court of appeal, does not re-visit and re-appreciate the entire oral evidence de novo in its jurisdiction u/art.136 of Constitution, unless there are strong and prima facie reasons to point out that there is apparent legal and jurisdictional error..........
Succession Act, 1925, Section 263 -- Revocation of probate - Party seeking revocation has to prove any one or more of the grounds enumerated in S.263 of the Act - Neither party let in any oral or documentary evidence in the revocation application - Matter remitted for decision afresh after allowing parties to let in evidence to prove, disprove grounds raised as required..........
Adverse possession -- Plea of title under oral partition and adverse possession - Not permissible as both the pleas are inconsistent and contrary...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 31 -- Impleadment of a party in first appeal - Party impleaded must be afforded an opportunity to adduce oral and documentary evidence and make his submission...........
Indian Penal Code, 1860, Section 468 -- Forged documents - Mere oral statement that document has been forged for the purpose of cheating is not at all sufficient to exercise discretion in favour of opposite party...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below after considering oral and documentary evidence on record rightly rendered a finding of fact that plaintiff was in prior possession of suit property and had permitted defendants who were his son and daughter-i, law to stay in the suit premises along with him due to..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between lorry and car - Death of driver and one of passengers of car - Accident occurred due to rash and negligent driving of driver of offending vehicle - Place of occurrence is a curve and accused driving the lorry at a high speed which resulted in death of two persons - No..........
Evidence Act, 1872, Section 3 -- Oral evidence - Reliability - Non recovery of murder weapon cannot materially affect prosecution case, particularly if oral evidence is of unimpeachable character, amply corroborated by medical evidence...........
