Arbitration and Conciliation Act, 1996, Section 8(2) -- Application u/s 8(1) for referring matter to arbitration must be accompanied by original arbitration agreement or duly certified copy thereof - S.8(2) of the Act is mandatory - Dispute cannot be referred to arbitration in view of the fact that neither original arbitration agreement nor its certificate copy is placed..........
Insurance claim -- Repudiation - Suppression of material facts as regards state of health - Death of insured in an accident - Post mortem report not disclosed any abnormality in the internal organs of deceased which may have been caused by any disease which had not been disclosed by the deceased - At the time of filling of proposal form insured was examined by doctor of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Judicial Magistrate who himself certified that victim was in a fit condition to make statement - Magistrate did not obtain opinion of doctor, who was available, as to fitness of victim - Not safe to base conviction on dying declaration alone...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Sample - Not required to be taken in presence of Magistrate duly certified by him - S.52-A(c) is applicable only when investigating agency wants to dispose of recovered contraband...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Plea of ownership - It is sufficient for the plaintiff to allege in plaint that he is the owner and it is not necessary for plaintiff to state in plaint that he is owner on the basis of sale deed - Certified copy of sale deed filed is admissible for that purpose - Plaintiff cannot be non suited for non compliance..........
Certified Standing Order -- In view of the fact that the word 'shall' has been used, prime facie, it would be construed to be imperative in character - It may, however,be held to be directory in certain situation - Ordinarily, although sub-clause (5) of Clause (17) of the Certified Standing Orders is required to be complied with, the same would not mean that in a given..........
Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Confession - Certificate - It is necessary for the police officer to certify that he has explained to the accused that the accused is not bound to make a confession and if he does so such confession may be used as evidence against him - It is further required to be recorded that he believes that the..........
Insurance claim -- Janta Personal Accident Policy - Repudiation - Complainant's mother had died of snake bite - V.A.O had also certified that the doctor who treated her had also given a certificate - The Panchayatnama had also clearly stated that the complainant's mother died of snake bite - Some delay in reporting the matter to the OP cannot deprive the complainant of his..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Head Constable in presence of doctor who certified that patient was conscious throughout - Absolutely no reason to doubt authenticity of dying declaration - Conviction on basis of dying declaration upheld...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Producing document by plaintiff at the stage of arguments - Documents certified copies of Court proceedings - Formal proof of documents not sought - Allowed - Defendant allowed to produce documents in rebuttal - Held further, plaintiff will not be entitled to formally ask for exhibiting those documents and for..........
