Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 328 -- Oral dying declaration - Murder - Brother of deceased stated that deceased made declaration before doctor, but such doctor has not been examined - No material on record to show that deceased was in a fit mental condition at the time of making dying declaration - There are certain discrepancies..........
Evidence Act, 1872, Section 32 -- Dying declaration - It cannot be laid down as a general rule that dying declaration without certification of state of consciousness should be rejected...........
Evidence Act, 1872, Section 32 -- Dying declaration - Rape and murder - Mere absence of forensic corroboration of dying declaration will not falsify dying declaration, which otherwise is held to be voluntary and truthful...........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 32 -- Rape and murder - Death by burning - Dying declaration made by deceased naming accused as person who raped her and set her on fire when she insisted that he should marry her - Dying declaration of deceased thus, unequivocally and unambiguously points to guilt of accused - Merely because it was not..........
Indian Penal Code, 1860, Section 302, 341, 376, 448, Evidence Act, 1872, Section 32 -- Murder and rape - Acquittal - Dying declaration - Statement of the deceased discloses that the accused raped her and poured kerosene that she sustained the burn injuries, it resulted in death - Therefore, the statement of the deceased satisfies the conditions in S.32(1) of the Act about..........
Civil Procedure Code, 1908, Order 3, Rule 1, Advocates Act, 1961, Section 32 -- Power of attorney holder - S.32 of Advocates Act does not create bar for GPA holder to represent a party as such, if said GPA holder during pendency of proceedings gets enrolled as an advocate...........
Constitution of India, 1950, Article 32 -- Transfer of FIRs - All FIRs except two FIRs are transferred to IFSO unit of Delhi Police - In FIRs transferred to Delhi Police, petitioner was co-accused - There cannot be two investigating agency with respect to same FIRs/Complaints arising out of same incident with respect to different co-accused - On the ground of parity, FIRs..........
Constitution of India, 1950, Article 32, Indian Penal Code, 1860, Section 420, 405, 506(1) -- Special leave petitions - Locus standi - Order of quashing of complaint - Cash-for-job scam - Appellants who were more meritorious but did not get selected on account of being edged out by candidates who paid money and got selected are also victims of alleged corrupt practices and..........
Evidence Act, 1872, Section 32 -- Dying declaration - Can be the sole basis for recording conviction if it is found reliable and trustworthy then no corroboration is required...........
Evidence Act, 1872, Section 32 -- Multiple dying declarations - In case there are multiple dying declarations and there are inconsistencies between them, dying declaration recorded by higher officer like a Magistrate can be relied upon - However, this is with the condition that there is no circumstance giving rise to any suspicion about its truthfulness...........
