Evidence Act, 1872, Section 32 -- Oral dying declaration - Deceased was in a fit state of health to speak and make a statement - Nothing suggested to the witnesses about the condition of the deceased - Doctor who conducted post mortem not cross examined - It can safely be concluded that deceased was in a conscious state and in a position to speak - Held, in the absence of..........
Evidence Act, 1872, Section 32 -- Dying declaration - When it is not borne out from the evidence of the doctor that the injuries were so grave and the condition of the patient was so critical that it was unlikely that he could make any dying declaration, there was no justification or warrant to discard the credibility of such a dying declaration...........
Evidence Act, 1872, Section 32 -- Dying declaration - Multiple dying declarations - Each dying declaration to be separately assessed and evaluated and assessed independently on its own merit as to its evidentiary value and one cannot be rejected because of certain variation in the other...........
Evidence Act, 1872, Section 32 -- Four dying declarations - In one dying declaration two more persons implicated (who were acquitted by the trial Court) - However, deceased was consistent, as to the main aspect, about the role played by her mother-i, law and her sister-i, law - Held, there is no contradiction as to the main aspect...........
Evidence Act, 1872, Section 32 -- Dying declaration - Corroboration - Law does not insist upon the corroboration of dying declaration before it can be accepted - Insistence of corroboration is only a rule of prudence - When Court is satisfied that dying declaration is voluntary, not tainted by tutoring or animosity and is not a product of the imagination of the declarant,..........
Evidence Act, 1872, Section 32 -- Dying declaration - There is no particular form or procedure prescribed for recording dying declaration - It is not required to be recorded only by a Magistrate - As a general rule, it is advisable to get the evidence of the declarant certified from a doctor - In appropriate cases, the satisfaction of the person recording the statement..........
Specific Relief Act, 1963, Section 34 -- Boundary dispute - Remedy of an individual seeking survey of lands is to seek declaration of title to such lands in a civil court - In case there is any dispute regarding boundaries, to file an application seeking to have the subject lands surveyed and demarcated...........
Indian Penal Code, 1860 - - Abetment of suicide - Conviction - Validity - Version of PW3 cannot be believed as from outset she along with PW4 started embellishing fact - Statement of PW4 is an outraging replica of statement of PW3 - Apart that, according to PW4 purported dying declaration was made to him when PW3 was accompanying him in hospital - On other hand, it is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Accused poured kerosene oil on deceased and set her on fire - Dying declaration proved beyond doubt - Case of prosecution cannot be thrown out for the reason that there was no sign of smell of kerosene oil from the bed sheet, quilt and pillow...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Husband alleged marriage void as wife was already married - Marriage certificate issued u/s 13 of Special Marriage Act, 1954, produced on record - Marriage certificate by itself not sufficient for a complete and effective decision with regard to marital status of parties and that too..........
