Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Deceased sustained injuries on account of accident as per dying declaration - Accused himself had sustained 8% burn injuries in trying to extinguish fire sustained by deceased coupled with the fact..........
Specific Relief Act, 1963, Section 31, 34 -- Suit for cancellation of sale deed - Where suit is filed by executants for annulment/cancellation of registered instrument, such suits are governed by S.31 of the Act - However, if a non-executant wishes to claim that instrument is bad due to any other reason, then he is required to file a suit for grant of a decree of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - In a dispute with respect to determination of title, merely pointing out the lacunae in the defendant's title would not suffice - In such a suit, burden of proof rests on the shoulders of plaintiff to reasonably establish the probability of better title...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff led in evidence records of rights in an attempt to establish his title - Such records would not counter the proof of occupancy rights furnished by defendant - Plaintiff failed to produce a single document of title in respect of suit property - Burden of proof..........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of scribe - If scribe, for reasons beyond control, such as incapacitation or death, would be unavailable, it would be open for the prosecution to take necessary aid of secondary evidence - Unexplained non-examination would render the case to be doubtful if not, land a fatal blow to the prosecution case...........
Evidence Act, 1872, Section 32 -- Dying declaration - Dying declaration was thumb marked by deceased - But it is not the case of prosecution that deceased was illiterate - Doctor also does not state that injured was in a condition to sign - Person who took down such declaration and police officer who endorsed said document not examined - Numerous people present near..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - Deceased stated that conduct of mother-in-law prompted her to take extreme step - Sister of deceased was present when mother-in-law quarreled with deceased, but such material witness was withheld by prosecution - Dying declaration itself does..........
Evidence Act, 1872, Section 32 -- Dying declaration - Mere failure of doctor not to issue certificate on the very statement and rather endorsing or certifying on other communication, itself will not be a good ground to raise doubt about capacity of deceased to give dying declaration - Even otherwise, certificate by doctor is mere rule of caution and not a necessity -..........
Evidence Act, 1872, Section 32 -- Dying declaration - Mere failure of doctor not to issue certificate on the very statement and rather endorsing or certifying on other communication, itself will not be a good ground to raise doubt about capacity of deceased to give dying declaration - Even otherwise, certificate by doctor is mere rule of caution and not a necessity -..........
