Evidence Act, 1872, Section 32 -- Dying declaration - Evidentiary value - Held : (a) Dying declaration can be the sole basis of conviction if it inspires confidence of court - Rule requiring corroboration is merely rule of prudence; (b) Court should satisfy itself that deceased was in a fit state of mind at the time of making statement and that it was not the result of..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Triple murder - No evidence except dying declaration recorded by Inspector - Doctor certified that deceased was in a fit mental state - Inspector who recorded the statement was cross examined, but his evidence not shattered by defence - Though deceased received knife injuries on her neck, but was..........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement recorded by a police officer in a routine manner as a complaint and not as a dying declaration - Can also be treated as dying declaration after the death of the injured if the evidence of prosecution witnesses clearly establishes that the deceased was conscious and was in a fit state of health to make the..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Complaint maintainability - Coca Cola - Promotion Scheme - Prize winning entry - From the stage of receiving valid entries at the designated post box to the declaration of prize-winning entries, the scheme consisted of a series of activities, which amounted to `service' and the participants in the scheme,..........
Specific Relief Act, 1963, Section 34,38, Civil Procedure Code, 1908, Order 14, Rule 2 -- Suit for injunction simplicitor to injunct defendant from dispossessing him from suit premises on ground that he was recognized tenant of property - Though not directly, suit is to get the title established and on basis thereof, injunction has been sought for against defendants -..........
Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, Civil Procedure Code, 1908, Order 27, Rule 1 -- Necessary party - Suit for declaration seeking certain rights over the suit land admitting that land belonged to State Govt. - If any relief is claimed against the State, then State is a necessary party - In absence of owner of the land, no such declaration can be..........
Evidence Act, 1872, Section 32 -- Dying declaration - A statement of a person recorded u/s 161 CrPC would be treated as dying declaration after his death...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased died of burn injuries - Three dying declarations recorded - One by Magistrate, second by police and third by husband of deceased - In first two dying declarations, she described the incident as incidental - In the third, she held accused responsible for her death..........
Himachal Pradesh Land Revenue Act, 1953, Section 171, 163 - - Jurisdiction of Civil Court - Suit for declaration and injunction - Whether decree for declaration can be granted in favour of plaintiff without assailing ejectment order passed u/s 163 of the H.P. Land Revenue Act - Held, Civil Court had no jurisdiction to grant decree in question in favour of plaintiff without..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murdre - Dying declaration - Deceased injured by accused persons - Brother of deceased reached place of incident - Deceased told names of accused who injured him - This witness lodged FIR, but failed to mention about dying declaration - No adverse inference could be drawn...........
