Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Permanent injunction - Mere suit for permanent injunction without seeking relief of declaration or partition is barred by provision of S.34 of the Act...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Deceased gave three versions of incident - Version of first dying declaration was that she voluntarily poured kerosene on herself and set her on fire and in middle portion of the same statement, deceased has deposed that, while she poured the kerosene on herself,..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simpliciter - Maintainability - Defendants have questioned title of plaintiff in written statement - Suit for injunction simpliciter is not maintainable - Plaintiff ought to have converted the suit for injunction into suit for declaration...........
Evidence Act, 1872, Section 32 -- Dying declaration - Unless the contents of dying declaration are confronted to accused, prosecution cannot be allowed to place reliance upon the contents of such dying declaration...........
Indian Penal Code, 1860, Section 304B, 498A, 302, 323, 307, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32 -- Dowry death - Death by burning - Dying declaration - Deceased sustained 90% burn injuries - She in her dying declaration has stated that she is carrying pregnancy of eight months, but no such pregnancy was found in the medical evidence -..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that sale deed is null and void - Plaintiff neither is executant of sale deed nor has sought possession - Being a non-executant, plaintiff can avoid sale deed and thus, is not required to affix ad valoram Court fee on the value of property - Plaint..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Dying declaration - All the witnesses have clearly stated that deceased after coming out from the room in flames has shouted that accused had committed the crime - DW1 who was examined on behalf of defence also..........
Specific Relief Act, 1963, Section 31 -- Void instrument - A person `may' seek declaration that a instrument is void, which is not imperative in every case, more particularly when that person is not a party to such an instrument...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession against Government - Pleadings of plaintiffs are contrary and it is not clear whether they have claimed title on the basis of adverse possession which is not proved or have claimed title on the basis of any previous title on the basis of any previous title of his predecessor - No..........
