Evidence Act, 1872, Section 32 -- Dying declaration - Mere failure of doctor not to issue certificate on the very statement and rather endorsing or certifying on other communication, itself will not be a good ground to raise doubt about capacity of deceased to give dying declaration - Even otherwise, certificate by doctor is mere rule of caution and not a necessity -..........
Civil suit -- Expeditious disposal - Directions issued : (i) Courts to ensure proper execution of summons in a time bound manner; (ii) Courts to ensure that written statement is filed with prescribed limit; (iii) Courts to ensure that after pleadings are complete, parties are called to appear as indicated in Order 10 and record admissions and denials and direct parties to..........
Evidence Act, 1872, Section 32 -- Dying declaration - Non-mentioning of minute details cannot be a ground to reject the said declaration and brief statement would suffice...........
Evidence Act, 1872, Section 32 -- Dying declaration - If evidence on record would suggest that deceased was not in a fit condition to make statement or declaration, medical opinion cannot prevail...........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - Physical disability suffered by deceased on account of burn injuries sustained would not disentitle her to make statement, particularly when said statement had been made consciously knowing consequences thereof and such statement or declaration cannot be brushed aside only on the ground of burn..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Birth certificate of victim obtained from School is on record - Ossification test even if ordered by Court not liable to be taken into account as also statement of victim u/ss 161, 164 Cr.P.C, because same is not required to be looked into in view of S.94 of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Birth certificate of victim obtained from School is on record - Ossification test even if ordered by Court not liable to be taken into account as also statement of victim u/ss 161, 164 Cr.P.C, because same is not required to be looked into in view of S.94 of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(Va) -- Anticipatory bail - Rape - Heinous crime has been committed with a minor retarded girl aged about 14 years and eight months by..........
