Constitution of India, 1950, Article 226, 32 -- Time bound disposal of cases - Constitutional Courts, in the ordinary course, should refrain from fixing a time bound schedule for the disposal of cases pending before any other Courts - Constitutional Courts may issue directions for the time bound disposal of cases only in exceptional circumstances...........
Constitution of India, 1950, Article 32 -- Writ petition - Expeditious disposal of criminal appeal by High Court and suspension of sentence during pendency of appeal - Judicial process not amenable to writ petition under Article 32 of the Constitution - For suspension of sentence accused has to take recourse to an application u/s 389(1) of Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree - Petitioner failed to prove the twin requirements which are required to be proved before an order U.O.21.R.32 CPC is passed - Standard of proof required for proving willful violation is to be strictly construed - Moreover, petitioner is basing her case only on the decree,..........
Constitution of India, 1950, Article 32 -- Appointment of Deputy Chief Minister - Challenge as to - Deputy Chief Minister is first and foremost, a Minister in the Government of the State - Appellation of a Deputy Chief Minister does not breach constitutional position - Writ petition dismissed...........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Brother and mother rushed to spot after receiving information of the incident - There is no material piece of evidence to establish that deceased was alive or in a position to speak when his brother and mother reached the spot - Dying declaration cannot be ex facie accepted to be correct unless it stands..........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement given by complainant to I.O. cannot be called "a dying declaration" simply because he had mercifully survived - This is nothing more than a statement u/s 162 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
Evidence Act, 1872, Section 32 -- Dying declaration recorded by PW10 - In examination-in-chief PW10 has not stated that doctor examined deceased before giving fitness certificate - Said doctor not examined as a witness - An adverse inference will have to be drawn against prosecution for not examining said doctor - Dying declaration discarded...........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of scribe - If scribe, for reasons beyond control, such as incapacitation or death, would be unavailable, it would be open for the prosecution to take necessary aid of secondary evidence - Unexplained non-examination would render the case to be doubtful if not, land a fatal blow to the prosecution case...........
Evidence Act, 1872, Section 32 -- Dying declaration - Dying declaration was thumb marked by deceased - But it is not the case of prosecution that deceased was illiterate - Doctor also does not state that injured was in a condition to sign - Person who took down such declaration and police officer who endorsed said document not examined - Numerous people present near..........
