Evidence Act, 1872, Section 32 -- Dying declaration - There need not be multiple dying declarations - A singular dying declaration, if it is free from clouds of suspicion and if it inspires confidence, can be basis for convicting perpetrated of crime...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Three dying declarations - Murder - Death by burning - Deceased made one oral and two written dying declarations - There is immediate disclosure of deceased to her mother in her first dying declaration that accused is author for burning and ran after the incident - Both written dying declarations are..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for declaration - Defendant No.1 by way of counter claim only tried to seek relief in respect of suit property to which it had not only objected to plaintiff's cause of action but also claimed its own right, title, ownership and possession in the written statement - Subsequent event that have occurred..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Documentary evidence on record proved that suit land was in exclusive possession of predecessor-i, interest of plaintiffs after partition in 1919 and it was allotted to plaintiff after his death - Plaintiffs are owner in possession of suit land and entry in favour of..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration and permanent injunction - Plaintiff filed the proceedings before revenue Court for correction of revenue entry - Revenue Court directed the parties to go to civil Court - Financial Commissioner upheld the order of Divisional Commissioner and Collector - Suit filed within 3 years from the order of..........
Forest (Conservation) Act, 1980, Section 2, Easement Act, 1882, Section 13 -- Forest land - Claim for easementary right of way - Suit for declaration of title and permanent injunction - Oral and documentary evidence on record proves that plaintiff has violated the provisions of S.2 of the Act and has used the forest land as a easmentary right of way in utter violation of..........
Civil Procedure Code, 1908, Order 15A(Andh -- Application U.O.15-A CPC - Maintainable only in suit for recovery of possession on basis of termination of lease or licence, where such lease or licence is admitted - Application is not maintainable in suit for declaration and injunction that too at the instance of defendants - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration - Party against whom no relief is claimed nor she herself get impleaded as legal heir of plaintiff, she was not a necessary party and in the absence of the same, suit is not bad for no, joinder of such party...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for declaration - Where the decree obtained during pendency of suit does not alienate any property of plaintiff, said decree not hit by principle of lis pendens...........
Registration Act, 1908, Section 17 -- Registration - Conferment of right of way upon plaintiffs over other land of defendants to use it as a way to have access to land sold to them by way of document of sale, amounts to creation, declaration, assignment, limitation or extinguishment of a right, title or interest to or in an immovable property within the meaning of..........
