Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Part of suit land already sold - Impleading of subsequent purchaser - Subsequent purchaser not a party to the agreement who is stranger to the contract - Subsequent purchaser if impleaded scope of suit will be enlarged from specific performance of contract to suit for..........
Evidence Act, 1872, Section 32 -- Dying declaration - 99% burn injuries - Dying declaration recorded by Executive Magistrate - Doctor stated deceased was conscious and fit to make a statement - Doctor did not ascertained the mental fitness of deceased to make a rational statement - Executive Magistrate did not ask sufficient preliminary questions to ascertain whether she..........
Evidence Act, 1872, Section 32 -- Dying declaration - 99% burn injuries - Detailed and categorical statement - Not believable - Dying declaration not reliable...........
Evidence Act, 1872, Section 32 -- Dying declaration - Contradictions and inconsistencies - Evidentiary value - If the infirmities such as contradictions or inconsistencies or improvements in a version of the witness would make the Court doubt the truth of such version, then the same or similar infirmities in a dying declaration also should make the Court doubt the version..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Declaration and possession - Boundaries given in sale deed not correct - It is not permissible to lay a claim seeking relief of title and recovery of possession on the basis of such sale deed without seeking relief of rectification of boundaries...........
Constitution of India, 1950, Article 136 -- Dismissal of Special Leave Petition in limine - Does not mean that reasoning of the judgment of High Court against which SLP had been filed stands affirmed or judgment and order impugned merges with such order - It simply means that Supreme Court did not consider the case worth examining for a reason, which may be other than..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Incorporation of counter-claim - permissibility of - Suit between parties was decreed on compromise - Compromise decree was set aside in appeal at instance of defendant-opposite party - Matter was remanded to trial Court for hearing and disposal -..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Surplus area - Declaration as to - Held, Collector's determination of surplus shall be accompanied principally with the duty to allow for permissible area on land owner and to determine permissible area of a tenant before a declaration is made...........
Evidence Act, 1872, Section 32 -- Dying declaration - Relatives were present by the side of deceased before they were sent out side - Held, there are all chances of their promptness to the deceased to make a suitable statement as they knew that Magistrate was likely to reach the hospital for her examination...........
Evidence Act, 1872, Section 32 -- Dying declaration - Creating many doubts which were unexplained - It also indicates of tutoring and product of imagination - Held, it is difficult to believe that dying declaration was voluntary and free from any influence...........
