Easements Act, 1882, Section 35 -- Easementary rights - Suit for mere injunction complaining of disturbance of easement without claiming relief of declaration is maintainable as prayer of declaration is implicit in prayer of injunction...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased aged 48 years - Respondents being claimants would be entitled for compensation to be reckoned on basis of loss of dependency, due to loss of gross salary of deceased and future prospects and deduction of 1/3rd amount towards personal expenses of deceased - Multiplier `13' applied by Tribunal..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs did not advance larger claim made in present suit for declaration in earlier suit between same parties - They are debarred from claiming it in present suit - Suit is barred U.O.2.R.2 CPC as well as principle of res judicata - Subsequent suit, held, barred...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Requirement arises in the case to exercise jurisdiction by appellate Court to call for a further evidence to satisfy itself whether purchaser had purchased same land by paying valuable consideration thereof thrice by means of three independent sale..........
Adverse possession -- Suit for declaration on plea of adverse possession - There is admission that defendant is the real owner - Plea of adverse possession only lie against the real owner of property...........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles relating to recording of dying declaration and its admissibility and reliability, summed up : (i) A dying declaration could be the sole basis of conviction even without corroboration, if it inspires confidence of Court; (ii) Court should be satisfied that declarant was in a fit state of mind at the time of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Presence of a Magistrate is not absolutely necessary for recording of dying declaration but to ensure authenticity and credibility, it is expected that a Magistrate be requested to record such dying declaration and/or attestation be obtained from other persons present at the time of recording dying declaration...........
Evidence Act, 1872, Section 32 -- Dying declaration - Merely for 100% burn injuries, it cannot be said that victim was incapable to make a statement which could be acted upon as dying declaration...........
Evidence Act, 1872, Section 32 -- Dying declaration - Law does not provide as to who could record dying declaration nor there is any prescribed format or procedure for the same but the person recording dying declaration must be satisfied that the maker is in a fit state of mind and is capable of making the statement...........
Evidence Act, 1872, Section 32 -- Dying declaration - Burn case - Percentage and degree of burns would not, by itself, be decisive of the credibility of dying declaration - Decisive factor would be the quality of evidence about the fit and conscious state of the declarant to make the statement...........
