Evidence Act, 1872, Section 32 -- Dying declaration - Can be the sole basis of conviction and it does not require any corroboration - But it is equally true that dying declaration goes against cardinal principle of law that `evidence must be direct' - Dying declaration must be judged and appreciated in light of surrounding circumstances and its weight determined by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of..........
Land Acquisition Act, 1894, Section 18(1) -- Acquisition of land - Reference application - Limitation - Acquisition proceedings finally confirmed by Court - Upon knowing of the fact that lands had been acquired by virtue of judgment delivered by Court, appellants filed application u/s 18(1) of Act - Application not be rejected as appellants filed it immediately after..........
Will -- Proof - Reference in mutation proceeding to existence of Will is hardly a document which can affirm a Will and if a Will was produced and witnesses examined, reference in mutation proceedings would obtain corroborative value - But only on that basis it is impermissible to be relied on for proof of Will...........
Civil Procedure Code, 1908, Section 151, 152 -- Clerical mistake - Correction as to clerical mistake in reference petition as well as in the award of Land acquisition proceedings - Can be rectified by way of invoking powers u/ss 151, 152 CPC - Application allowed...........
Indian Penal Code, 1860, Section 34 -- Common intention - A pre-concert in the sense of a distinct previous plan is not necessary to be proved - Common intention to bring about a particular result may well develop on the spot as between a number of persons, with reference to facts of case and circumstances of situation...........
Indian Penal Code, 1860, Section 34 -- Common intention - A pre-concert in the sense of a distinct previous plan is not necessary to be proved - Common intention to bring about a particular result may well develop on the spot as between a number of persons, with reference to facts of case and circumstances of situation...........
Rent and Eviction -- Bonafide requirement - Additional property purchased during pendency of proceedings for running a flour mill by landlord - Area of purchased property is larger than suit premises - Moreover, purchased property is inconsequential in so far as suit premises is concerned - Contention of tenants that purchased property can be put to use for additional..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 4, 6 -- Compulsory acquisition of land - Lapse of acquisition proceedings - Neither compensation paid to land owner nor it was deposited in Reference Court - Deposit of compensation in Government Treasury after Act..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 7 -- Admissibility of a document - Entirety dependent upon recitals contained in the document - Nomenclature given to the document is not decisive factor - Nature and substance of the transaction has to be determined with reference to the terms of the document...........
