Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child born to respondent during continuation of a valid marriage - Petitioner has not shown that he had no access to respondent at that time when child was begotten - Presumption u/s 112 of the Act comes into play - Proceeding instituted by petitioner is for granting decree of declaration that child born to..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Dying declaration - Murder of wife by husband - Gunshot injury - Deceased stated that `Inhone Mujhe Mar Diya' - Word `Inhone' points to her husband, as Hindu ladies do not refer their husband by names, they devised an easiest expression to refer them as `inhone' - Deceased..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder of wife by husband - Gunshot injury - Accused is a dead drinker and used to quarrel with deceased and beat her after taking liquor - He killed deceased when she was preparing food in kitchen - Disclosure statement made by accused leading to recovery of weapon in presence of witnesses duly proved on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Separate suit for declaration that ex parte decree is result of fraud - A small irregularity in the report of process server would not make the judgment and decree fraudulent particularly when party to the suit was not proceeded against ex parte on the aforesaid report...........
Special Marriage Act, 1954, Section 49(1) -- Correction of errors in marriage certificate - Procedure - S.49(1) stipulates that erroneous entries should be corrected in presence of persons married - In present case, wife resides in America and it is not practically feasible for her to come over to Kerala only for the purpose of correction - In such case, wife should file a..........
Indian Penal Code, 1860, Section 304B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Dowry death - Appeal against acquittal - Burn injuries - Deceased admitted to hospital but died next day - No effort made to take her dying declaration - Doctor who treated deceased at Mussoorie, Dehradun and Delhi not examined - It was..........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same voluntarily, have..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mere permission for possession from rightful owner, cannot entitle a person to claim right, interest and title over suit property nor this makes his possession to be absolute...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against father-in-law - Overt act of accused pouring kerosene oil and setting her on fire is proved as per dying declaration of accused recorded by Executive Magistrate - Deceased was thus, subjected to harassment at the hands of accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 420, 463, 468, 469, 470, 471, 205, 190, 199, 192, 120B -- Cheating - Impersonation and forgery - Property dispute - Order of quashing of complaint - Allegation that accused by impersonating herself being mother of deceased got his property transferred in her name by mutation - However, complainant failed to lead any evidence to prove..........
