Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred admittedly during night time - It is the deceased who went nearer and accused were not stationing themselves waiting for his arrival - Eye witness/PW6 improved his case on many occasions - Testimony given by PW6 on dying declaration, a case inserted by him in his supplementary..........
Family settlement -- Suit for declaration - Plaintiff alleges that written compromise executed between parties in which defendant has to leave his part of land in favour of plaintiff - However, no reasonable cause has been given in the said document as to why he is leaving the land in favour of plaintiffs - It is not a valid agreement for want of consideration, as no..........
Service -- Appointment - Preference to various posts were given in advertisement to candidates - Respondent was included in main list as per his second preference, as marks obtained by him is not sufficient for first preference - However, respondent was not appointed for the post in second preference as he had not qualified on benchmark regarding his height - If a..........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 32 -- Double murder case - Complaint as dying declaration - Xerox copy of complaint written by deceased `M' prior to his death to police, produced by son of deceased regarding threats from accused - However, said complaint does not mention accused - Complaint does not prove the fact that accused..........
Indian Penal Code, 1860, Section 302, 506, 120B, 34, Evidence Act, 1872, Section 32(1) -- Murder - Dying declaration - Prosecution witness deposed that he did not remember whether deceased told him that accused attacked him and caused injuries and stated that he did not record the statement of deceased and that there were many policemen and general public at the relevant..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Agricultural land - Where a suit for cancellation of sale deed in respect of an agricultural property does not require any declaration of rights, same is cognizable by Civil Court but where cancellation would involve declaration of rights, then such a suit for..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Dying declaration - Statement of wife to PW while she was alive would not fall u/s 32(1) of Evidence Act, so as to become admissible, since cause of death does not come up for consideration in prosecution u/s 498-A IPC...........
Evidence Act, 1872, Section 32 -- Dying declaration - Circumstances which do not form part of transaction resulted in death of deceased would not fall within scope of S.32(1) of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs may have an arguable case in their favour but balance of convenience is certainly not in their favour - They also failed to show that they would suffer irreparable loss and injury in case of refusal of grant of temporary injunction - Moreover, plaintiffs concealed the fact that they along..........
