Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same parties nor regarding same..........
Electricity Act, 2003, Section 125, 79, Civil Procedure Code, 1908, Order 41, Rule 22, Constitution of India, 1950, Article 12 -- Appeal - Condonation of delay - Declining to condone delay in preferring an appeal against order of CERC - Appellant entered into two Power Purchase Agreements - Failure of appellant in supplying electricity in second PPA agreement at settled..........
Indian Penal Code, 1860, Section 302 -- Murder of child aged 3 years - Death due to consumption of mercury - Oral dying declaration - Declaration made by 3 years old child before his parents - Death of child was not caused due to metallic poison - Moreover, it is unbelievable that after child was administered some poisonous substance, who made numerous vomits, would remain..........
Evidence Act, 1872, Section 115, Specific Relief Act, 1963, Section 35 -- Estoppel - Representative in interest of the person who made a declaration, act or omission, intentionally permitting another person to act upon such representation, the representative of such person is precluded to dispute the truth of such statement - Decree passed in declaration suit binds..........
Adverse possession -- Plaintiff cannot seek declaration of title on the basis of adverse possession - Such plea is available only when proceedings are filed against plaintiff and he is arrayed as defendant then he can take the plea of adverse possession as defence...........
Indian Penal Code, 1860, Section 302, 306, 498A, 34 -- Murder - Accused no.1 allegedly gave beatings to deceased and thereafter accused no.2 administer poison to her - However, FSL report of deceased shows that deceased died of shock owing to torsion of left ovarian cyst leading to heaemorrhagic ascites - PW12 state that deceased make an oral dying declaration before him..........
Evidence Act, 1872, Section 32 -- Dying Declaration - Once Court is satisfied that dying declaration is credible and voluntary and not having been tutored or prompted, the same can be used for convicting the accused without any further corroboration...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying Declaration - 100% burn injuries - Deceased stated in her dying declaration before doctor that accused burnt her - Nothing can have been more contemporaneous than dying declaration of deceased, prior to her death - No one from family of deceased is stated to have been present in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Additional prayer for declaration flowing from facts and averments already made in the original plaint and subsequent events happened between parties - Proposed amendment is necessary to determine the real controversy between parties as merits of case is not to be discussed at this stage..........
Evidence Act, 1872, Section 32 -- Dying declaration - Can be oral or in writing and any adequate method of communication whether by words or by signs or otherwise will suffice, provided the communication is positive and definite...........
