Specific Relief Act, 1963, Section 34 -- Suit for declaration that power of attorney and sale deed is null and void - Plaintiffs failed to exhibit so-called Power of Attorney, which was allegedly executed by plaintiff No.1 in favour of her husband/deceased - Plaintiffs also failed to prove that said Power of Attorney was forged one and on account of forged Power of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was for declaration and subsequent suit was for partition - Core issue in both the suits are different even though property is same - Parties are also different - Pendency of earlier suit does not call for stay of subsequent suit - Application rightly dismissed...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1), Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Once dying declaration made by deceased is proved, the fact that ballistic expert could not give a definite opinion on the question of whether cartridge recovered from the body of deceased was fired by revolver recovered at the..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Suit for declaration as to validity of marriage as also for negative declaration regarding marital status, falls within exclusive jurisdiction of Family Court as per S.7 Explanation (b) of the Act...........
Evidence Act, 1872, Section 32 -- Dying declaration - Dying declaration is an important piece of evidence and conviction can be made by relying solely on a dying declaration alone as it holds immense importance in criminal law - However, such reliance should be placed after ascertaining quality of dying declaration and considering entire facts of a given case...........
Evidence Act, 1872, Section 32 -- Dying declaration - Where dying declaration is suspicious, it is not safe to convict an accused in the absence of corroborative evidence...........
Evidence Act, 1872, Section 32 -- Dying declaration - Where deceased has been changing her stance and has completely turned around her statements, such a dying declaration cannot become sole basis for conviction in the absence of any other corroborative evidence...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declarations - Deceased had given two statements which are totally different from her subsequent statements including statement made before Magistrate which is considered a dying declaration based on which appellant has been convicted - Where deceased has been changing her stance and has..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent injunction - First Appellate Court thoroughly examined all aspects and decreed the suit by reversing the finding of trial Court simply because point for consideration is not properly framed, it cannot be said that total judgment of First Appellate Court is perverse -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration that partition deeds are null and void - Defendant by way of amendment introduced plea of some partition which was never there in written statement when plaintiff was recording his statement - If amendment is allowed, same would amount to withdrawal of admission and would..........
