Indian Law and Jurisprudence

(1) In Vimal vs. State of Maharashtra, an accused was named in all dying declarations as per who poured kerosene on deceased and set him on fire. Dying declarations though more than one are not contradictory to and inconsistent with each other. It was held that evidence of witnesses corroborating dying declarations reliance can be placed on such dying declarations.

(1) The court in Shaik Fakruddin v. Shaik Mohammed Hasan observed that the court has the power to order a person to undergo medical test and such an order would not be in violation of the right of personal liberty under Article 21 of the constitution. However, the court should not exercise such a power only when it is expedient in the interest of justice and when the fact situation in a given case warrants such an exercise. The DNA test cannot rebut the conclusive presumption envisaged under Section 12 of the Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non access, which is a negative proof.

(2) Order 19 of Civil Procedure Code, 1908 ie related to affidavit.

(1) Under the provisions of Order VII Rule 11 (a) of Code of Civil Procedure, a plaint shall be rejected where it doesn’t disclose a cause of action.

(4) Attachment before judgement is provided under Order 38 Rules 5-13 of Code of Civil Procedure.

(3) Execution of decree for specific performance for restitution of conjugal rights or for an injunction is provided under Civil Procedure Code, 1908 under Order 21 Rule 32.

(4) Garnishee means a judgment debtor’s debtor. He is a person or institution that is indebted to another whose property has been subject to garnishment. He is a person who is liable to pay a debt to a judgment debtor or to deliver any movable property to him. Garnisher is a judgment-creditor (decree-holder) who initiates a garnishment action to reach the debtor’s property that is thought to be held or owned by a third party.

(a) Legal Representative: Section 50 (b) Letter of Request: Section 77 (c) Notice: Section 80 (d) Res-Sub-Judice: Section 11

(2) Under the Civil Procedure Code, 1908, “Foreign Court” means a court situated outside India and not established or continued by the authority of the Central Government.

(4) In order to prevent the ends of justice from being defeated, a court may

(a) issue a warrant to arrest the defendant and bring him before the court to show cause why he should not give security for his appearance and if he fails to comply with any order for security, commit him to the civil prison; (b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the court or order the attachment of any property; (c) grant a temporary injunction and in case of disobedience, commit the person guilty thereof to the civil prison and order that his property be attached and sold.

Section 8 of the Hindu Marriage Act, 1955 provides that where any direction for registration has been issued, any person contravening any rule made in this behalf shall be punishable with fine, which may extend to twenty-five rupees only. 

Section 25 of the Limitation Act provides provisions for acquisition of easement by prescription.

Section 22 refers to cases of continuing breach of contract.

Expulsion of a partner is given under Section 33 of the Partnership Act, 1932.

Section 12 of the Limitation Act states provisions for exclusion of time in legal proceedings. Section 13 of the Limitation Act deals with the provisions of exclusion of time in cases where leave to sue or appeal as a pauper is applied for. Section 14 deals with exclusion of time of proceeding bonafide in court without jurisdiction. Section 15 of the Limitation Act states provisions for exclusion of time in certain other cases.