Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Case based on circumstantial evidence - Multiple dying declarations made by deceased to different persons at different times and there is inconsistency between the same - Evidence of mother of deceased shows that it was a case of suicide where deceased set herself on fire on a moment of rage - Even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment seeking relief of declaration with consequential amendments including valuation of suit for the purpose of court fee and jurisdiction - Proposed amendment does not change the nature of suit - Amendment sought deserves to be allowed in order to ensure..........
Limitation Act, 1963, Article 64, 65 -- Limitation - Suit for declaration - In respect of declaratory suits pertaining to immovable property period of limitation is governed by Arts.64 & 65 and not by Art.58 of Limitation Act...........
Limitation Act, 1963, Article 58 -- Right to sue first accrues - Not necessary for plaintiff to rush to Court seeking declaration, on any insignificant threat to his title - Cause of action arises only when title or right of plaintiff is threatened or jeoparadised but not merely when any insignificant or imaginary threat arises...........
Land Acquisition Act, 1894 - - Ancestral property - Sale deed - Validity of - Suit for declaration that sale deed was nullity as disputed property was ancestral property in hands of vendor and as per custom prevalent in society of respondents sale of such property except for legal necessity was not permitted - Except PW1 respondents not examined any witness from village or..........
Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of FIR - Petitioners have submitted wrong declaration form and on the strength of it got their union registered - Registration of petitioner's union was cancelled by Registrar of Trade Union - Thereafter the said order of cancellation was set aside by..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3(3)(a)(iv), Haryana Apartment Ownership Act, 1983, Section 3(f)(1), 3(f)(2), 3(f)(3), 3(f)(4), 3(f)(5), 3(f)(6), 3(f)(8) -- Community and commercial facilities - Rights of apartment owners vis-a-vis colonizers - Held, apartment owners are entitled to an undivided interest in common areas and facilities..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3(3)(a)(iv), 11, 12, 13, Haryana Apartment Ownership Act, 1983, Section 3(f), 3(f)(7), 3(f)(6) -- Community and commercial facilities - Rights of apartment owners vis-a-vis colonizers - Held, ownership right over land earmarked for schools, hospitals, community centers and other community buildings..........
Evidence Act, 1872, Section 32 -- Dying declaration - Injured while being removed to hospital in a police vehicle made oral dying declaration - At the hospital attending doctor declared him brought dead - In such a situation no other facilities were readily available to record the statement of victim - Regarding, only police witnesses to the dying declaration, held, there..........
Evidence Act, 1872, Section 32 -- Dying declaration - While acting on a dying declaration Court has always to be on guard to see that the statement of deceased was not a result of either of tutoring or prompting or a product of imagination...........
