advocatemmmohan
Surinder Kumar
Dying Declaration – oral report mentioned at the time of admission in case sheet to duty doctor – that husband poured kerosin and lit fire orally amounts to dying declaration – to the Nurse is also amounts to dying declaration – absence of kerosin smell on the hairs of deceased in forensic test – makes no difference for coming to conclusion when Dying Declaration was corroborated by Evidence and further Surinder Kumar (Supra) is distinguishable for the simple reason that the dying declaration fully supports the prosecution version. – Apex court dismissed the appeal =CRIMINAL APPEAL NO.1503 OF 2007 TANUA RABIDAS …..APPELLANT VERSUS STATE OF ASSAM ….RESPONDENT = 2014 – Sept. Month – http://judis.nic.in/supremecourt/filename=41876
Dying Declaration – oral report mentioned at the time of admission in case sheet to duty doctor – that husband poured kerosin and lit fire orally amounts to dying declaration – to the Nurse is also amounts to dying declaration – absence of kerosin smell on the hairs of deceased in forensic test – makes … Continue reading
Dying declaration = when her statement was shrouded by suspicious circumstances and contrary to the claim of the prosecution. Particularly, when she was alleged to have 97% burns and being under constant sedatives first at Civil Hospital, Naraingarh and then at PGI, Chandigarh, in such a situation she could not be expected to make a statement at a stretch without asking any questions. Admittedly, the Executive Magistrate, PW-2 did not put any question and recorded her answers. 14) Another important aspect relating to failure on the part of prosecution is that on the date of the incident, the deceased had two children aged about six and four years respectively and both of them were present there, admittedly, the I.O. has not enquired them about the genuineness of the incident. Though, there are number of immediate neighbours/co- 19
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 328 OF 2004 Surinder Kumar …. Appellant(s) Versus State of Haryana …. Respondent(s) J U D G M E N T P. Sathasivam, J. 1) This appeal is directed against the final judgment and order dated 19.12.2003 passed by the High Court … Continue reading
Arbitration = 30 days limitation for filing objections for award, is from the date of notice and not from the date of knowledge of filing of the award in the court =The Division Bench of the High Court has taken a view in the impugned order that as the Executive Engineer was looking after the arbitration proceedings, he was the one who could have filed the objections to the award on behalf of the Union of India and thus notice of the filing of the award on the Executive Engineer was mandatory and the starting point of
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1734 OF 2006 Union of India & Anr. … Appellants Versus M/s Deepak Electric & Trading Company & Anr. … Respondents J U D G M E N T A. K. PATNAIK, J. This is an appeal against the order dated 03.01.2003 … Continue reading
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