Agreement to sell -- Specific performance - Defendants contended that agreement to sell is a fabricated document - However, they failed to appear and adduce evidence before trial Court and state their case on oath and offer themselves for cross examination by other side - Presumption rightly drawn against them that case set up by defendants is incorrect - Possession of..........
Indian Penal Code, 1860, Section 420, 468, 471 -- Cheating - Forged documents - Material placed on record that allegations are based on conjecture and surmises and are manifestly intended to malign appellants - No dishonest inducement or gain is demonstrated, nor is there any wrongful loss caused to State or a third party - There is no allegation that any of appellants..........
Service -- Termination of service of an employee appointed on compassionate appointment - Respondent employees had secured appointments on the basis of forged and fabricated documents - They at every stage actively participated in the adjudication process of their alleged improper and illegal appointments but had not submitted any document to establish their claim and..........
Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Agreement to sell -- Specific performance - Defendant not coming to Court with clean hands as on one hand he pleaded that agreement is forged and fabricated document and on the other hand he sought refund of alleged balance sale consideration - Plaintiff duly proved the agreement - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendants neither denied their signatures on agreement to sell nor alleged that agreement is a forged and fabricated document - Serious questions of fact and law are involved between parties which can be adjudicated after recording of evidence of both the parties..........
Will -- Due execution - Will in favour of plaintiff not denied by defendants - However, they merely rely upon other unregistered Will - Said unregistered Will found not genuine by both the Courts being forged and fabricated document - Both the Courts thus, given adequate reasoning for not believing said document - In absence of pleadings to the contrary followed by issues..........
Criminal Procedure Code, 1973, Section 2(i), 195(1)(b)(i), (ii), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 193 -- Explanation 2 - Fabricated document - Fabricated evidence neither given on oath before Investigating Officer, nor Investigating Authority is "Court" for fabrication of document - Thus, investigation conducted..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Plaintiff sought declaration with regard to Will being a forged and fabricated document - There is omission with regard to framing of an issue with regard to declaration which will go to root of matter - Application rightly allowed - However, only one opportunity to lead evidence is granted to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
