Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
Evidence Act, 1872, Section 32 -- Dying declaration - 98% burn injuries - Fit state of mind to make statement - Endorsement made by doctor after recording the statement - Normally it should be the other way round...........
Evidence Act, 1872, Section 32 -- Dying declaration - 98% burn injuries - A painkiller was injected - Statement recorded thereafter - Once a sedative had been injected, possibility of her being in state of delusion cannot be completely ruled out...........
Evidence Act, 1872, Section 32 -- Dying declaration - An accused can be convicted only on the basis of dying declaration if it is truthful, voluntary and not a result of any extraneous influence...........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Victim stated to be set on fire - 98% burn injuries - Neighbours first raised an alarm - No explanation why none of them not examined - One neighbor also accompanied accused husband to the hospital to arrange for an ambulance and this person not examined - Non examination of these important witnesses leads to non..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her father and mother - Though..........
Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Dispute arisen between parties emanating from partnership deed - Both the partnership agreements are between same parties and have identical arbitration clause - Retired Judge of Himachal Pradesh appointed as Sole Arbitrator subject to declaration being made u/s 12 of the Act and ability..........
Civil Procedure Code, 1908, Section 11 - - Constructive res-judicata - Earlier suit for declaration of title and subsequent suit for possession - Earlier suit was between same parties for same property - Even, issue involved in subsequent suit is directly and substantially involved in earlier - Moreover, only on guise of forceful dispossession by plaintiff, it cannot be..........
Civil Procedure Code, 1908, Section 9 - - Declaration of title in respect of land of Andaman and Nicobar Islands - Jurisdiction of Civil Court - Ousted as said land are exclusively covered by Regulations of 1966...........
