Specific Relief Act, 1963, Section 34 -- Proviso, 42 - Suit for declaration - Plaintiff not in possession - Suit for declaration without seeking relief of possession is not maintainable - Dismissal of suit without affording an opportunity to plaintiff to amend plaint to seek consequential relief, held, not proper - Impugned judgment and decree passed by Courts below set..........
Evidence Act, 1872, Section 32 -- Dying declaration - It cannot be laid down as a general rule that dying declaration without certification of state of consciousness should be rejected...........
Evidence Act, 1872, Section 32 -- Dying declaration - Rape and murder - Mere absence of forensic corroboration of dying declaration will not falsify dying declaration, which otherwise is held to be voluntary and truthful...........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 32 -- Rape and murder - Death by burning - Dying declaration made by deceased naming accused as person who raped her and set her on fire when she insisted that he should marry her - Dying declaration of deceased thus, unequivocally and unambiguously points to guilt of accused - Merely because it was not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration for correction of date of birth - Suit for bare declaration, without any consequential relief is maintainable...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Bar of limitation of 30 years for redeeming a mortgage would not be applicable in case of Usufructuary mortgage - Usufructuary mortgagee therefore, not entitled to file suit for declaration claiming ownership of mortgage property on expiry..........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration on the basis of sale deed - Simultaneously plaintiff also claimed title on the basis of adverse possession - High Court held that plea of ownership based on sale deed and plea of adverse possession, both, are contrary to each other and plaintiffs cannot be permitted to take both the pleas at the same time -..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Court fee - Counter claim for declaration that agreement to sell, executed by power of attorney holder, is illegal, null and void - Infact the relief sought is for cancellation of agreement to sell - Merely by terming the counter claim as suit for declaration, defendant..........
Limitation Act, 1963, Article 65 -- Suit for declaration that plaintiff and defendants are owners and in joint possession with consequential relief of permanent injunction - Limitation would not commence on mere mutation entries but rather when there is a real threat to possession of plaintiff based on such actions that cause of action would be stated to have arisen - Suit..........
