Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that suit property is coparcenary property and sale deed in favour of defendant No.1 is null and void - Amendment sought to take a plea that even if suit property is not considered as coparcenary, then also it has to be considered having been voluntary thrown in common stock by..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. as dying declaration - In a statement u/s 161 Cr.P.C. signature of witness are not to be affixed as it will make such a statement inadmissible u/s 161 Cr.P.C. - In the instant case condition of injured was serious and his blood pressure was not recordable - Without..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 154 -- FIR as dying declaration - Scribe denied the question put in cross examination that signatures are not of the deceased - Deceased was a Govt. employee and his signatures would have been available in Government records - No effort made by prosecution to compare the signatures on FIR with the..........
Evidence Act, 1872, Section 32 -- Dying declaration - Absence of certificate by a Doctor is not fatal to act upon a dying declaration - However, requirement remains that person who records dying declaration must ensure that patient was in a fit condition, both mentally and physically, to give declaration...........
Evidence Act, 1872, Section 32 -- Dying declaration - Once it is proved that dying declaration is made by deceased then it cannot be brushed aside on the basis that it is not elaborate or that it was not recorded in a particular fashion...........
Indian Penal Code, 1860, Section 302, 506, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Death by burning - Three dying declarations - Deceased stated against accused/husband only in third declaration when he was not around her - She stated that accused poured kerosene oil upon her and set her on fire, as he came on said day in drunken condition - Defence..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Limitation - There is no limitation for a true owner to seek declaration qua ownership unless contesting party is in possession of suit land and is able to establish that his possession has matured into a title by way of prescription...........
Wakf Act, 1954, Section 6 -- Wakf property - Suit for declaration - Limitation - Once property after survey is registered in list of wakfs as Wakf-Al-Allah on basis of finding recorded by Survey Commissioner in its report, dispute regarding nature of wakfs registered is open to be examined only within four corners of S.6 of the Act and period of 1 year of limitation is..........
Wakf Act, 1954, Section 6 -- Wakf property - Suit for declaration - Limitation - Suit was preferred beyond period of limitation - Suit held, not maintainable being barred by limitation - Moreover, concurrent finding of fact recorded by all three Courts - No manifest error in finding of fact recorded by Courts below - No interference thus, warranted in it...........
Courts Fee Act, 1870, Section 7(ivA) - - As amended in U.P. - Court fee - Suit for cancellation of sale deed and for permanent injunction with consequential relief of declaration - Suit filed for cancellation of sale deed, therefore, suit property covered by sale deed has to be valued in terms of S.7(iv-A) of U.P Amendment Act - Court fees thus, has to be computed..........
