Specific Relief Act, 1963, Section 34,38, Civil Procedure Code, 1908, Order 14, Rule 2 -- Suit for injunction simplicitor to injunct defendant from dispossessing him from suit premises on ground that he was recognized tenant of property - Though not directly, suit is to get the title established and on basis thereof, injunction has been sought for against defendants -..........
Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, Civil Procedure Code, 1908, Order 27, Rule 1 -- Necessary party - Suit for declaration seeking certain rights over the suit land admitting that land belonged to State Govt. - If any relief is claimed against the State, then State is a necessary party - In absence of owner of the land, no such declaration can be..........
Evidence Act, 1872, Section 32 -- Dying declaration - A statement of a person recorded u/s 161 CrPC would be treated as dying declaration after his death...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased died of burn injuries - Three dying declarations recorded - One by Magistrate, second by police and third by husband of deceased - In first two dying declarations, she described the incident as incidental - In the third, she held accused responsible for her death..........
Himachal Pradesh Land Revenue Act, 1953, Section 171, 163 - - Jurisdiction of Civil Court - Suit for declaration and injunction - Whether decree for declaration can be granted in favour of plaintiff without assailing ejectment order passed u/s 163 of the H.P. Land Revenue Act - Held, Civil Court had no jurisdiction to grant decree in question in favour of plaintiff without..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murdre - Dying declaration - Deceased injured by accused persons - Brother of deceased reached place of incident - Deceased told names of accused who injured him - This witness lodged FIR, but failed to mention about dying declaration - No adverse inference could be drawn...........
Evidence Act, 1872, Section 32 -- Dying declaration - Made in a fit state of mind - Courts normally look upon the medical opinion - Medical opinion does not prevail when eye witnesses state that deceased was in a fit and conscious state of mind - It cannot be said that since there is no certificate of the doctor as to the fitness of the mind of the deceased, the dying..........
Evidence Act, 1872, Section 32 -- Dying declaration - Can be oral or in writing and any adequate method of communication whether by words or by signs or otherwise provided the indication is positive and definite - No requirement of dying declaration to be recorded by a Magistrate - When recorded by Magistrate there is no specified statutory form for such recording -..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 374 -- Death of a woman by burning - In the dying declaration she stated that burnt herself as she had quarrel with accused (husband) - Trial court convicted and sentenced accused to four years - High Court enhanced sentence to 6 years - Held, enhancement of sentence not justified - Trial court..........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement of a person who after making the statement does not die cannot be treated as a dying declaration - However, it may be treated as a statement under Section 164 Cr.P.C...........
