Evidence Act, 1872, Section 32 -- Dying declaration - Can be sole basis of conviction provided same is consistent - When contents of dying declaration as per PWs are at variance to one another vis-a-vis role of accused, it would be hazardous to rely on such evidence to come to a finding of guilt against him...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - PW6 stated that deceased came to police camp in injured condition and told them accused persons assaulted him - However, PW7 stated that victim had only named accused `B' - Police officers are disinterested witnesses - However, their version with regard to the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for joint possession and declaration - Inheritance of father of plaintiff which he claims, were duly considered and repelled by recording sound and sufficient reasons consistent with record by two Courts below - No perversity and illegality in said findings of facts returned by Court below - Suit rightly..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration with consequential relief of permanent injunction - Plaintiff challenged the release deed among blood relations - It is specific assertion made in the plaint about release deed that it is illegally and fraudulently got executed and registered without consideration - Possession not claimed by..........
Evidence Act, 1872, Section 32 -- Multiple dying declarations - When there are multiple dying declarations and contents of incriminating dying declaration appear to be an embellishment vis-a-vis accused, it may not be safe to rely on said embellished dying declaration to convict...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Multiple dying declarations - Written dying declaration recorded by Doctor implicates accused - However, oral dying declarations made before PW6 and PW1 implicates her father-in-law - When there are multiple dying declarations and contents of incriminating dying declaration appear to be an..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Courts below returned the factual findings that shares of parties in suit land are not forthcoming from revenue record - Parties were not clear about legal position - No specific pleadings were taken in respect of land which was lying vacant or constructed thereupon - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38 -- Suit for possession and injunction - Land in question was an agricultural land qua which suit before Revenue Court for declaration of Khatedari rights had already been preferred by plaintiff and same is pending consideration - Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts - It..........
