Difference between Section 5 vs section 6 of Specific relief act, 1963

Section 5- recovery of possession of specific immovable property.

Section 6- suit by a person disposessed from property.

✅Example of Trespasser

A person peacefully residing in a house, he is not the owner, another person come and dispossessed him forcibly then he can go under section 5 as well 6 (better title) but where owner dispossessed him then he can go under section 6 only (no question of title) however the owner can establish his title and get possession under section 5 but owner cannot use force.

Although the rule of equity and maxim of he who seeks equity must come with clean hands will always apply the point is the U/S 6 juridical previous possession is the point.

Purpose of section 6 - to restrain a person from using force 

☑️[Sanwal ram v ramjan, 2016]

Possession of tenant is a juridical possession until owner gets eviction decree.

#SRA
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IRFAN @ NAKA versus THE STATE OF UTTAR PRADESH, 2023

✓ Parameters for determining the weight of Dying declaration.


✅Whether the person making the statement was in expectation of death?

✅Whether the dying declaration was made at the earliest opportunity? “Rule of First Opportunity”

✅Whether there is any reasonable suspicion to believe the dying declaration was put in the mouth of the dying person?

✅Whether the dying declaration was a product of prompting, tutoring or leading at the instance of police or any interested party?

✅Whether the statement was not recorded properly?

✅Whether, the dying declarant had opportunity to clearly observe the incident?

✅Whether, the dying declaration has been consistent throughout?

✅Whether, the dying declaration in itself is a manifestation / fiction of the dying person’s imagination of what he thinks transpired?

✅Whether, the dying declaration was itself voluntary?

✅In case of multiple dying declarations, whether, the first one inspires truth and consistent with the other dying declaration?

✅Whether, as per the injuries, it would have been impossible for the deceased to make a dying declaration?

~ Section 32(1) of Indian Evidence act

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Exceptions of Hearsay Rule.

Res gestae, dying declaration, public documents etc...

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Kya aapka data leak hua hai?

Waise to subka hua hai lekin kya hua hai ye janiye 👆

Just search using these websites.

#cyber_crime
#data_breach

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Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains
https://www.livelaw.in/top-stories/supreme-court-judgment-plea-of-alibi-and-delay-in-fir-registration-240182

🤔2 special Law; which one will prevail ❓

The Karnataka High Court has held that where the offences punishable under the provisions of two special enactments viz, the Scheduled Castes and Tribes (Prevention of Atrocities) Act and POCSO Act are invoked, the POCSO Act, being a later enactment, should prevail over the Atrocities Act.

😎 [Somashekhar And State by Rural Police Station, 2023]

Note: The court noted that when two statutes contain non-obstante clauses, the later enactment is presumed to prevail, as the legislature is assumed to be aware of the previous enactment and chose to give overriding effect to the later one.

However, the court clarified that for this principle to apply, the offenses punishable under the later enactment (in this case, the POCSO Act) should be prima facie established.

😎 [Dinanath manik katkar vs state of Maharastra 2023]

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👨‍⚖️ KAMAL PRASAD & ORS v. THE STATE OF MADHYA PRADESH, 2023

Court, in its judgment, has meticulously penned down several principles pertaining to the plea of alibi. These principles have been driven from various landmark decisions including
✓[Dhananjoy Chatterjee v. State of W.B.,1994] ; and
✓[Vijay Pal v. State (Govt. of NCT of Delhi), 2015]

Few of these principles, as enumerated in the judgment, are:

✅It is not a part of the General Exceptions under the IPC and is instead a rule of evidence under Section 11 of the Indian Evidence Act, 1872.

✅Further, the burden to establish the plea is on the person taking such a plea. The same must be achieved by leading cogent and satisfactory evidence;

✅It is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the spot of the crime. In other words, a standard of ‘strict scrutiny’ is required when such a plea is taken.

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Concept of Justice under Indian Constitution
https://articles.manupatra.com/article-details/Concept-of-Justice-under-Indian-Constitution

🔗📌Read with -
✅Role of judges
https://t.me/CurrentLegalGK/92

✅Role of courts
https://t.me/CurrentLegalGK/76

#Question
😎Explain what is justice and role of courts and judges in 150 words 👇