Evidence Act, 1872, Section 32 -- Dying declaration - Doctors certificate and who records it - These questions are fact dependent - No stereotypical approach can be adopted by Courts...........
Evidence Act, 1872, Section 32 -- Dying declaration - Multiple dying declarations in a case of burns and victim when succumbed to burn injuries - Test of credibility, having regard to overall facts on record, has to be adopted...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff entered into Terms of Settlement with defendant no.1 wherein defendant admitted that lease of suit property has expired by efflux of time and plaintiff as rightful lessee of premises - However, sub-lessee have raised tribal issue with regard to sub-lease and specifically pleaded that..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiff/temple is a denominated temple - Poojari of temple sought to be impleaded by plaintiff as he was acting against interest of temple - However, plaintiffs already filed a petition to examine proposed party as a witness on their side and said petition was allowed by..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration as well as joint possession and permanent injunction - Plaint nowhere establishes a clear cut ouster or abandonment of possession of plaintiff from suit property - Suit property is claimed to be joint between parties - Plaintiff thus, cannot be called upon to pay Court fee on market value of..........
Registration Act, 1908, Section 49 -- Un-registered document - Admissibility - Suit for declaration - Un-registered documents are basis of suit and possession was transferred by these un-registered documents - Said documents are not admissible in evidence as per S.49 of the Act - Trial Court rightly disallowed documents in question on account of inadmissibility...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 328 -- Oral dying declaration - Murder - Brother of deceased stated that deceased made declaration before doctor, but such doctor has not been examined - No material on record to show that deceased was in a fit mental condition at the time of making dying declaration - There are certain discrepancies..........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for declaration and permanent injunction - Plaintiff himself not appeared in witness box to testify in support of plaint - Power of attorney holder of plaintiff has not even produced original Power of Attorney on record despite being afforded opportunities to produce the same - Photocopy of power of attorney..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229B, Uttar Pradesh Land Revenue Act, 1901, Section 34 -- Suit for declaration - Trial Court dismissed suit without framing issues and also not provided opportunity to lead evidence - Matter remanded back...........
