Evidence Act, 1872, Section 32 -- Dying declaration - Can be the sole basis of conviction and it does not require any corroboration - But it is equally true that dying declaration goes against cardinal principle of law that `evidence must be direct' - Dying declaration must be judged and appreciated in light of surrounding circumstances and its weight determined by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash and negligent driving of bus driver - Compensation - Deceased, a school teacher, 25 years of age at the time of accident - Claimants are parents of deceased who are totally dependent on him, as deceased was the sole bread winner of family - Held, keeping in view the fact that deceased was a school teacher and in..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Sole eye witness of incident assigned no role to accused `R' - Accused `R' neither present at the place of incident nor he assaulted deceased - Eye witness named all accused except accused `R' - Trial Court and High Court committed error by convicting accused `R' - Conviction & sentence set aside - Accused `R'..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Even if a party has weak case on merits, amendment sought cannot be refused on this sole reason...........
Indian Penal Code, 1860, Section 376, 323, 506, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5), Evidence Act, 1872, Section 3 -- Rape - Interested witnesses - Sole testimony of prosecutrix is trust worthy and reliable - Factum of PWs being related to prosecutrix does not shatter prosecution case, as said witnesses are best..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix aged 9 years - Implicit reliance can be placed on the sole testimony of minor prosecutrix for conviction of accused when on a wholesome reading of her deposition recorded on oath, an ensuing inference emanates therefrom of her testimony being both inspiring as well as credible...........
Indian Penal Code, 1860, Section 147, 179, 302, 323, 324, 325 -- Murder - PW5 while deposing in Court contradicted his earlier statement recoded by police and made several improvements - Testimony of PW5 not reliable - Blood on recovered Kassis and clothes not proved to be of the same group or of the blood group of deceased - Recovery of said articles disbelieved as same..........
Indian Penal Code, 1860, Section 363, 372, 511 -- Kidnapping of girl for selling purposes - Sole testimony of victim - Victim stated that she was having affair with accused - This by itself gives strong possibility that victim had every desire to accompany accused on her own free will - Moreover, victim discovered to be 18 years of age, which shows that she being major was..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction suit - Earlier suit filed by plaintiff as co-owner dismissed - Subsequent suit filed after plaintiff became sole owner of premises - Matter in issue in subsequent suit was not directly and substantially in issue in earlier suit - Even if there may have been some common issues, dismissal of earlier suit would..........
Civil Procedure Code, 1908, Order 22, Rule 9, 10A -- Death of sole respondent - Non-substitution of LR's within time - Abatement of suit - Non information of death of sole respondent to Court by counsel of the party he represented - Information of death of sole respondent was received at later stage by applicants and on account of illness of applicant immediate steps were..........
