Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by a magistrate in a language not known to the deceased - Recorded with the help of the doctor who translated the answers given by the deceased to the magistrate - All precautions taken by the magistrate while recording the declaration - Finding of the trial court that..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Murder - Bride burning - Prosecution alleged that sister-in-law and mother-in-law of deceased poured kerosene on deceased and set her on fire - Deceased rushed outside with flames on her person shouting for help - Accused did not try to save deceased - Relationship of accused and deceased not cordial - Case of stove..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Recording of - Deceased knew Hindi language only - Magistrate asked questions in English and doctor translated it - Deceased gave answers in Hindi - Both Magistrate and doctor had working knowledge of Hindi - Magistrate noted gestures of deceased - Possibility of any tutored statement ruled out - Dying declaration..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Police Officer - Doctor opined that deceased was in a fit state of mind to make the statement but present when statement was recorded and that the said statement was signed by deceased in token of its correctness - Adds credibility to the same...........
Specific Relief Act, 1963, Section 34, 37, 38, 41 -- Transfer of employee - Employee failing to comply with transfer order - Charge sheet issued - Suit for declaration that transfer order is illegal, void and injunction to restrain defendant from holding any inquiry - No written contract of service between parties and no pleading that transfer order is in violation of any..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Dying declaration that she was a psychic and that she committed suicide and that no person from her in-laws family be held responsible for the same - Father of deceased withdrew Rs.24,000 from Bank account of deceased - Order of acquittal upheld...........
Consumer Protection Act, 1986, Section 2(1),(e) -- Consumer dispute - Examination result - Non declaration of result for one and half years by the Board due to administrative failure by the Board - Plea of the Board that the Education Board is a statutory body and appearing in the examination is not a consumer dispute - Held statutory bodies are not immune from the ambit..........
Punjab Panchayati Raj Election Rules, 1994, Rule 33 -- Form IX - Mistake in Form IX - Correction of - Returning Officer Has no jurisdiction to change entries recorded in Form IX - Once a candidate has been declared elected in Form IX - Returning Officer ceases to have any power to alter said declaration subsequently - Declaration contained in Form IX - Can only be..........
Evidence Act, 1872, Section 32 -- Dying declaration - Fit to make dying declaration certified by doctor who conducted the post mortem - Deceased had 95% burn injuries and she was put on oxygen the moment she was brought to hospital and continued on oxygen till she died - In such a situation it is difficult to believe that she could have made a dying declaration when she..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale by grand father - Suit for declaration that sale is illegal and void and was executed without consideration and legal necessity and is based on fraud etc. and the same is not binding on the plaintiff - By filing suit for declaration plaintiff was seeking cancellation of sale deed - Court fee payable is ad valorem on sale..........
