Indian Penal Code, 1860, Section 302 -- Triple murder case - Direct ocular evidence supported by dying declaration made by one of the victims - No challenge made to dying declared - Trial Court as well as High Court accepted this evidence and based their findings on the same - No reason to differ...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Grant of - Interim injunction against demolition and taking forcible possession of land - Application for - Interim order granting stay of demolitions of suit property - Another suit for declaration of title - Both suits consolidated - Dismissed for non-prosecution - With dismissal of suit..........
Hindu Marriage Act, 1955, Section 7, Evidence Act, 1872, Section 114 -- Marriage - Presumption - Long co-habitation as husband and wife - Declaration in ration card and in other documents executed in her favour - Existence of valid marriage cannot be presumed - Essentials of a valid marriage applicable to the parties according to their customary rites has to be pleaded and..........
Evidence Act, 1872, Section 32 -- Dying declaration - Entries in diary and certain statements recorded on a micro cassette - Entries in diary and representation submitted apprehending danger at hands of industrialist were in general terms - Even though name of some accused persons mentioned in the diary and in the cassette, that is not admissible as the entries in diary..........
Companies Act, 1956, Section 397, 398 -- Oppression of minority shareholders - Class I heir of majority share-holders raising grievance as to allotment of shares by inheritance - Her claim as regards declaration of her title and/or allotment of shares - It is a civil dispute - A pure question of title is alien to petition u/s 397 - Moreso as dispute is pending before Civil..........
Evidence Act, 1872, Section 32 -- Dying declaration - Cryptic dying declaration is an indication of its genuineness...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Dowry death - Six dying declaration, three oral and three written - In first dying declaration deceased stated that she suffered burn injuries by accident when she was preparing tea on stove - This statement not believed as it was recorded by ASI in presence of her mother-in-law and certificate of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by a Judicial Magistrate even without proper medical certification is valid and must be accepted...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased suffered 100% burns - Dying declaration recorded in the presence of doctor who gave her a Certificate of fitness - Statement cannot be discarded merely because it was recorded by head constable - There was no time for the head constable to secure presence of..........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Dying declaration thumb marked - Proved by HC and doctor - No evidence that thumb of deceased was affected by burns - 100% burns only means the intensity of burn injuries and not that the whole body without exception has burn injuries...........
