Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Causing of annoyance to others is a sine qua non for commission of offence u/s 294 IPC...........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Absence of allegations of annoyance and alleged stated words to be obscene words cannot attract charge u/s 294 IPC...........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Merely saying words that "Gali Galoch ki" is not sufficient to attract rigor of S.294 IPC...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Allegations that accused has abused complaint does not satisfy ingredients of S.506 IPC...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere threats given by accused not with an intention to cause alarm to complainant, but with a view to deterring them from interfering in discharge of his duties would not constitute an offence of criminal intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Allegations that accused and others threatened that if they came back, they will be run over by a tractor - Said allegations on its face value does not satisfy necessary ingredients of S.506 IPC...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - There has been no dishonest intention at the inception - Proceedings quashed...........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Court sitting in second appellate jurisdiction is to frame substantial question of law at the time of admission, save and except in exceptional circumstances - Post such framing of questions Court shall proceed to hear the parties on such questions, i.e., after giving them adequate..........
