Specific Relief Act, 1963, Section 34, 38, Transfer of Property Act, 1882, Section 116 -- Suit for declaration of ownership - Seeking injunction against defendant claiming possession on basis of tenancy - Plaintiff claiming ownership on basis of entry in jamabandi and oral family settlement - Operation of S.116 of T.P. Act would confer legitimacy to possession of the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Deceased had given oral dying declaration in ambulance van on the way he was taken to hospital - Presence of solitary eye witness/PW9 to the occurrence is proved - Dying declaration of deceased corroborated by PW9 - PW8 and PW9 also supported prosecution case - Dying..........
Criminal Procedure Code, 1973, Section 235(2) -- Hearing on sentence - Hearing on the same day of pronouncement of judgment - As long as spirit and purpose of S.235(2) Cr.P.C. is met, inasmuch as the accused is afforded a real and effective opportunity to plead his case with respect to sentencing, whether simply by way of oral submissions or by also bringing pertinent..........
Evidence Act, 1872, Section 32 -- Dying declaration - Oral statement made by deceased to her father in Three wheeler in presence of her husband, just an hour before her death, would fall u/s 32 of Evidence Act, relating to cause of her death and would be admissible...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of husband of deceased about deceased receiving injuries on her body with Churra (weapon of offence) outside jhuggi stands corroborated by post mortem report, doctor's subsequent opinion and FSL report - No contradictions in testimonies of husband and father of deceased - Husband of deceased is thus, a natural..........
Transfer of Property Act, 1882, Section 107 -- Oral lease - An oral lease is hit by first para of S.107 of the Act - If a lease is from year to year or for any term exceeding one year, such a lease has to be only by a registered instrument - In absence of a registered instrument, no valid lease can be created...........
Transfer of Property Act, 1882, Section 107 -- Lease or licence - Determination - Neither agreements nor other evidence established that defendant was left in exclusive occupation of suit property - Both the Courts below recorded correct findings of fact that defendant was inducted as a licensee and his licence was validly terminated after rejecting stand of defendant of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Vague and general allegations of cruelty made by husband against wife that she was not performing her matrimonial duties and was rude and used to misbehave with him and his family members - No specific instance given by husband and assertions made by him were not corroborated by oral,..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Accused acquitted u/s 304-B IPC, as oral testimonies of crucial witnesses not disclosed any material connecting accused to crime - However, accused convicted u/s 201 IPC on the basis of evidence of PW1 and PW2 - Evidence of PW1 and PW2 does not disclose any material to implicate accused in offence u/s 201 IPC -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Contradictions and inconsistencies in the contents of oral dying declaration as narrated by PW2 - It is thus, not safe to rely on version of PW2 and come to conclusion that deceased had made a dying declaration to him implicating accused as his assailant - Oral dying..........
