relating to dying declaration is an
exception to the hearsay rule. The
rationale behind admissibility of a dying
declaration was best expressed ... deny to be false or incorrect.
We see no reason as to why this witness would depose
rt
falsely. Our attention is invited to that
between the occurrence and the making
of
of the dying declaration been tutored to falsely name the
appellant as his assailant in place ... relating to dying declaration is an exception to
the hearsay rule. The rationale behind admissibility of a
dying declaration was best expressed
relating to dying declaration is an
exception to the hearsay rule. The
rationale behind admissibility of a dying
declaration was best expressed ... court has
to examine a dying declaration scrupulously with
a microscopic eye to find out whether the dying
declaration is voluntary, truthful, made
Whether the non framing of proper issues regarding the false and a
forged will whereby the onus would have been on the plaintiff to
impeach ... plaintiffs (hereinafter referred to as the 'plaintiffs) filed
a suit for declaration on the ground that deceased Munshi Ram, father
of plaintiff
wrong and false and were liable to be corrected in the name of the
defendant. Defendant also filed a counter claim for declaration
genuine and free from
suspicion if it contains a factually incorrect and false recitation
as its contents?
3. Facts in brief necessary for adjudication ... present appellant i.e.
of
plaintiff Onkar Singh filed a suit for declaration to the effect that
'Will' dated 20.4.1992 said
further mentioned in the preliminary objections that
in fact the defendants after declaration by the learned trial Court to
the effect that Will dated ... application that the
defendants had come up with the false story because it stood
.
mentioned by the defendants/applicants about the alleged
documents
Accordingly, on these bases, the suit was
filed by the plaintiffs for declaration to the effect that the 'Will' dated
31.12.1997, executed ... denied by the defendant that 'Will' dated 31.12.1997 was false
and fictitious. According to her, 'Will' executed in her favour
interest of the present
respondents, filed a suit dated 16.01.1988 for declaration
to the effect that he is owner to the extent of 1/3rd share ... deceased father of the plaintiff
in favour of defendant No.1, is false, fabricated and is result
of misrepresentation and coercion and also against
foundation
that they have been falsely implicated. The learned
Senior Counsel for the appellants has contended that
when the appellate court had acquitted the said ... that would not be a
ground to discard the otherwise reliable dying
declaration, for the evidence in entirety vividly show the
involvement of the appellant
