Criminal Procedure Code, 1973, Section 147 -- 'Right of user' - Means any dispute relating to a recurring right in the use of the land or water whether the right is claimed by a person in possession or not and such right is not limited to right of easement proper...........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Conviction - Blood stained barchhi, being weapon of offence and kurti and ornaments of deceased matching with B blood group - Barchhi recovered at instance of accused from his conscious possession - Blood spread at place of occurrence mentioned in site plan - Accused bringing deceased from house of one 'K' with whom..........
Indian Penal Code, 1860, Section 302, 96, 99, 103 -- Right of private defence - Complainant party trespassed upon land of accused party in order to take forcible possession and caused simple injuries on head of accused party - Accused party causing death of complainant party - Held, accused did not exceed right of private defence as the injuries were on vital part and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Sentence - Reduction in sentence - Search and seizure - Recovery of one kg. of opium from the bag in possession of the appellant - Recovery fully proved - Amendment in the Act in 2001 applicable to pending appeals - Having regard to the recovery effected, sentence awarded to the appellant of RI for ten..........
Evidence Act, 1872, Section 93, 94, 95, 96, 97, 98 -- Construction of documents with the aid of extrinsic evidence - (1) Where the language used is on its face ambiguous or defective so as to render the meaning unintelligible or where the language though intelligible creates an obvious uncertainty of the meaning, extrinsic evidence is wholly inadmissible because it is a..........
Arms Act, 1959, Section 3, 25, 30 -- Firearms - Omission to obtain licence for possession - Use for committing murder - Recovery of firearm from accused - Offence under the Act is proved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 20(b)(ii), 22 -- Recovery of charas - Sample - In absence of positive evidence that sample was taken from the same packet which was seized from possession of accused his conviction cannot be sustained...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction - Amendment sought to seek relief of declaration and recovery of possession - Held, when a suit is filed initially for perpetual injunction, subsequent application for amendment seeking to convert suit into one for declaration of title is not maintainable...........
Specific Relief Act, 1963, Section 37, 38 -- Demolition of room constructed by one joint owner inspite of status quo order - Concurrent finding of fact of Courts below that plaintiff is joint owner of the suit land - Assertion of defendant that he is in exclusive possession of suit land not accepted by Courts below - Conclusion of Courts below supported by mutation..........
Adverse possession -- Mere tethering of cattle or storing of fuel or logs on waste or open land is not adverse possession - It is merely a case of user and not of possession of the open land...........
