Civil Procedure Code, 1908, Order 21, Rule 2 -- Satisfaction of decree - Procedure - (i) Money payable under decree. Paid out of Court. D.H. to certify such payment to Court which has to execute decree. Executing Court to record such payment - (ii) Adjustment of decree in whole or part. D.H. to certify such adjustment to Court whose duty is to execute decree. Executing..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Compromise or contract regarding rights and obligations under decree - Adjustment of decree - How and when - Aggrement, compromise or contract extinguishing decree in whole or in part on account of satisfaction of decree to that extent will amount to adjustment of decree within meaning of rule and the Court, if..........
Indian Penal Code, 1860, Section 366, 376 -- Age - School register - Head Master and Assistant Teacher proved entries regarding date of birth certified by mother - School register is admissible in evidence to prove date of birth of person concerned - Evidence of father cannot be rejected merely for the reason that he could not give date of birth of his other children..........
Custodial death -- Under trial prisoner had a critical state of heart problem which needed immediate medical attention - Jail authorities neglected to attend to the medical problem and certified him to be physically fit - He was denied treatment when he needed immediate medical attention - State directed to pay compensation of Rs.1,50,000/- - Right to life includes right..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Causing death of wife by pouring kerosene and lit fire - Dying declaration recorded in hospital by police constable in presence of doctor who certified that deceased was in a fit state of mind to make statement - Corroboration by eye witness who had seen deceased and accused in quarrel and had..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo order passed - Plaintiff filed another application praying to protect their possession - Application dismissed and order passed as to putting to auction the suit property and to deposit proceeds thereof in Court - Certified copies of pahanies disclosed possession of plaintiff over suit..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Register of suits - Certified copy - Admissibility in evidence - Plaintiff filed suit specifically challenging decree dated 16.11.1966 with the plea that no decree dated 16.11.1966 or the original Will on the basis of which the said decree is alleged to have been passed is available - Loss of decree held apparent -..........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Public record - Summoning of - When can be ordered - Application on the ground of refusal to supply certified copy - No record of application for supply of certified copy filed alongwith - No affidavit in support of application filed - Permission to summon record refused - Proper...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Failure to prove loss of original - Plaintiff cannot be permitted to tender secondary evidence in the form of certified copy...........
Criminal Procedure Code, 1973, Section 388, 418, 362 -- Failure to surrender due to illness or delay in getting certified copy - Extension of time sought - It is not prayer for alteration or review of judgment - Although Appellate Court or Revisional Court has no jurisdiction to fix any date for surrender of accused on confirming judgment of trial Court, however, since no..........
