Will -- Exclusion of natural heirs - Testatrix executed Will in favour of her brother-in-law - She gave reasons to exclude her three daughters by stating that they were not in good terms with her and two sons of testatrix had been disowned by testatrix - Due reasons have been given by testatrix so as to discard her Class I legal heirs - Will not surrounded by suspicious..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence subject to deposit of 20% of compensation amount - Financial condition of petitioner is not good since all the properties are under mortgage and he is under financial distress - Petitioner has shown his bona fide for depositing 10% of compensation amount, as he is left with no means but still..........
Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - Petitioner is about 62 years of age - He has undergone actual sentence of 1 year 6 months and 8 days out of total sentence of 2 years - Sentence modified to the extent of granting concession of probation to petitioner for good conduct...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Any action taken in good faith by government employee in discharging of duties or performing their duties in good faith and intended to be done in pursuance of law then no suit, prosecution or any other legal proceeding shall lie against State Government or any officer of Government or any other..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 9 -- Offence u/s 9 of the Act - Appellant has already been granted remission for the main offence u/s 302 IPC - However, following the date of remission, appellant has undergone an additional incarceration of approximately 10 months - It is not case of State that appellant was habitually not reporting to..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Family members of deceased alleged that accused demanded dowry from deceased and upon same being not fulfilled subjected her to cruelty - However, I.O. stated that during cross-examination, they did not mentioned such dowry demand and cruelty - Neighbours of accused has stated that relationship..........
Protection to life and liberty -- Delay of 5 days in concluding inquiry - Representation was not placed before SSP for five days, indicating that SSP did not effectively communicate urgency of the matter to his staff, despite routine nature of process - SSP himself is responsible for the delay and not the clerk - Standard Operating Procedure (SOP) stated that once a..........
Indian Penal Code, 1860, Section 499 -- Exception 1 - Defamation - Merely because petitioners accurately reported the allegations in newspapers, would not bring them within exception 1 of S.499 IPC, unless it was established that imputation to complainant's character and conduct in accepting money for political gain was true and it was in public good to publish the same...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within 2 months of her marriage due to burn injury - However, none of witnesses i.e PWs 1 to 7 has ever stated in their respective testimony that deceased was subjected to cruelty by appellants - Rather PW1 to PW4 stated that deceased was having good..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Income of appellant - Appellant was a young boy of 21 years of age at the time of accident and having suffered quadriplegia the same resulted in his 100% permanent disability - He stated that he was learning the work for the Veterinary Doctor and he is a Volleyball player, when he was under 17..........
