Evidence Act, 1872, Section 32 -- Dying Declaration - Suicide - Two dying declarations - In first dying declaration only a general allegation against mother in law - Second dying declaration recorded by a Head constable after 5 minutes of first dying declaration - Allegation of harassment against husband and mother in law - Dying declarations not consistent - Not safe to..........
Evidence Act, 1872, Section 32 -- Two dying declarations - One recorded by Police and second by Magistrate - Glaring contradictions in the two dying declarations - Even the motives given in two dying declaration entirety different - Held, contradictions create a doubt as to whether the injury suffered by deceased was really because of the act of the accused or was a..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 32 -- Dowry death - Conviction of husband and his father - Dying declaration by deceased to police official and second dying declaration recorded by Executive Magistrate - Both dying declarations recorded in presence of doctor and certified by doctor that victim was conscious and in a fit state of..........
Evidence Act, 1872, Section 32 -- Dying declaration - In law there is no bar in acting on a part of the dying declaration but it has to pass the test of reliability...........
Evidence Act, 1872, Section 32 -- Dying declaration - Made by a person on the verge of his death has a special sanctity as at that solemn moment a person is most unlikely to make any untrue statement - The shadow of impending death is by itself guarantee of the truth of the statement of the deceased regarding circumstances leading to his death - However, dying declaration..........
Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Minor - Suit filed without next friend - Two contingencies - One is that suit is filed knowing that he is minor and he is incompetent to institute a suit without the next friend and yet filing a suit with a view to deceive the Court or with some ulterior purposes and the other a minor filing suit without knowing or..........
Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Minor - Suit filed by minor thinking that he was major based on school certificate which appears to be not correct - On defect being pointed out in written statement his grand mother immediately filed an application to permit her as next friend and to make necessary amendments - Defendant failed to make an application..........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor - Suit filed without next friend - Defective - Irregularity in instituting the suit does not make the suit wholly bad - It is a defect in procedure - Such defect can be corrected only when the defendant makes an application under Rule (2) of Order 32 CPC or when an application is filed by next friend on noticing the..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by a magistrate in a language not known to the deceased - Recorded with the help of the doctor who translated the answers given by the deceased to the magistrate - All precautions taken by the magistrate while recording the declaration - Finding of the trial court that..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Recording of - Deceased knew Hindi language only - Magistrate asked questions in English and doctor translated it - Deceased gave answers in Hindi - Both Magistrate and doctor had working knowledge of Hindi - Magistrate noted gestures of deceased - Possibility of any tutored statement ruled out - Dying declaration..........
