Evidence Act, 1872, Section 32 -- Oral dying declaration - To the rule of inadmissibility of hearsay evidence, oral dying declaration is an exception...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Entitlement to - Respondent contracted second marriage during subsistence of first marriage due to which wife left matrimonial home - Claim of maintenance has been preferred after 19 years - That was supported by her daughter, who was at relevant point of time aged about 11-12 years - Respondent's plea that..........
Indian Penal Code, 1860, Section 391 -- Dacoity - Proof - There is no mention in FIR about presence of PW10 - It was specifically mentioned in FIR that wife of informant was present but she has not been examined - PW12, father of informant is a hearsay witness - PW11, doctor has supported factum of death of informant by explosive injuries - I.O. has said that he found sign..........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement recorded by Reader of SDM - Reader put the questions to deceased - Statement was read out to the deceased by Reader - SDM was only a listener to the questions put by Reader to the deceased - Held, deposition of SDM in respect of that statement is only a hearsay evidence and is inadmissible...........
Transport service -- Passenger transport - Luggage missing - Vicarious liability - Compensation - Complainant preferred police complaint for missing luggage - Plea that driver on enquiry told the complainant that the cleaner had gone with the luggage - Driver and cleaner not impleaded as party to verify the veracity of the averments in the complaint - Placing reliance upon..........
Transport service -- Passenger transport - Luggage missing - Vicarious liability - Compensation - Complainant preferred police complaint for missing luggage - Plea that driver on enquiry told the complainant that the cleaner had gone with the luggage - Driver and cleaner not impleaded as party to verify the veracity of the averments in the complaint - Placing reliance upon..........
Transport service -- Passenger transport - Luggage missing - Vicarious liability - Compensation - Complainant preferred police complaint for missing luggage - Plea that driver on enquiry told the complainant that the cleaner had gone with the luggage - Driver and cleaner not impleaded as party to verify the veracity of the averments in the complaint - Placing reliance..........
Evidence Act, 1872, Section 32 -- Dying declaration - Evidentiary value - Held, dying declaration is a hearsay evidence and is an exception to general rule of evidence - Principle of dying declaration is based on legal maxim "nemo moriturus proesumitur mentin" - a man will not meet his maker with a lie in his mouth - In present case, evidence relating to dying declaration..........
Evidence Act, 1872, Section 60 -- Hearsay evidence - Witness no where stated in his statement that he disclosed incident to any other witness - Therefore, evidence of other witness cannot be taken into consideration being not eye-witnesses, only hearsay witnesses and that also not confined by person from whom they allegedly heard incident, which is necessary as per law...........
Evidence Act, 1872, Section 60, Criminal Procedure Code, 1973, Section 293(1) -- Death by poisoning - Report of Chemical Examiner - Neither expert examined nor his report exhibited - Procedure u/s 293(1) Cr.P.C. not followed - Opinion of doctor that death was due to poisoning - Hit by rule of hearsay in absence of marking chemical examiner's report...........
