Evidence Act, 1872, Section 32 -- Dying declaration - Can be made at any time and in the presence of anyone - It need not to be a doctor, a Government Officer or an Executive Magistrate - So long as victim is aware and fully conscious of what is being done and said, any statement made by her can be treated as a piece of evidence - It being a different matter, as to whether..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Murder - Death by burning - Oral dying declaration - Deceased suffered 85% burn injuries - Dying declaration stands clearly established on record through testimony of nurse as also mother of victim - Testimonies of said witnesses fully inspires confidence, as they disclosed the events which took..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Restitution of conjugal rights - Execution - Decree of restitution of conjugal rights cannot be enforced by compelling either the husband or wife to restore conjugal rights or to resume cohabitation, unless and until he/she is willing for such restoration or resumption...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Statement made by deceased to his son PW2 regarding the incident proved on record - Its genuineness supported by fact that it stands mentioned in Rukka as well, which is the first document in this regard - Said statement cannot be disbelieved as it finds corroboration in..........
Evidence Act, 1872, Section 32 -- Dying declaration - Once Court is satisfied that declaration was true and voluntary, undoubtedly, it can base its conviction without any further corroboration - It cannot be laid down as an absolute rule of law that dying declaration cannot form the sole basis of conviction unless it is corroborated - Rule requiring corroboration is merely..........
Evidence Act, 1872, Section 32 -- Dying declaration - In case of multiple dying declarations, intrinsic contradictions in those dying declarations are extremely important - It cannot be that a dying declaration which supports prosecution alone can be accepted while other dying declarations have to be rejected - Court has to be guard that a statement of deceased was not as..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Three dying declarations - Two dying declaration recorded by Executive Magistrate and police officer - Third oral dying declaration made to father of deceased - Both the recorded dying declarations consistent as to the role of respondent and that there was no involvement of the respondent in the..........
Constitution of India, 1950, Article 32 -- Haj Pilgrimage - Quota of Private Tour Operators (PTOs) - Rejection of quota - Non furnishing of document - Respondent approved a policy framed by Government of India for registration of Private Tour Operators (PTOs) for HAJ in 2013 - However, Ministry of External Affairs (MEA) issued a clarification by which a PTO seeking..........
Evidence Act, 1872, Section 32 -- Dying declaration - Evidentiary value Deceased suffered 80% burnt injuries - Dying declaration bearing left thumb impression of deceased, signatures of Investigating Officer and medical officer - Can be relied upon - Mere fact that statement was not preceded by certification, that deceased was in fit state of mind while making dying..........
Evidence Act, 1872, Section 32 -- Dying declaration - Deceased remained in fit condition throughout recording of statement - Dying declaration bears appropriate endorsement of Doctor - Nothing on record which shows that there is any doubt in dying declaration - Dying declaration, held, reliable...........
