Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband levied unsubstantiated allegation that wife was in close contact with a male person - However, neither name of said person nor cell phone number had been mentioned in petition and no other details are given - This false allegation would have naturally affected wife who had..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 25, 29 -- Contraband - Quashing of proceedings - Substantial quantity of contraband (ganja) has been recovered - No categorical material on record at this stage to conclusively establish that recovery was pre-planned, foisted or fabricated - Plea of false implication constitute matters squarely falling..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is more than a prima facie case to proceed against petitioners u/ss 498-A, 304-B IPC - Merits and defence of accused cannot be appreciated at this initial stage of taking cognizance - Defence so put by accused with regard to their false implication would be taken into account by Trial..........
Defamation -- Suit for damages - Alleged defamation is based on a complaint given by defendant to competent authority accusing the plaintiff, who is an Advocate of misconduct - Complaint was enquired into and was ultimately closed on the ground that documents were available in Court records - Mere fact that complaint was closed does not by itself, show that complaint was..........
Bharatiya Nyaya Sanhita, 2023, Section 353(1)(c), 352(2) -- Offence u/ss 353(1)(c), 352(2) BNS - Circulation of false news in connection with SSC paper leakage case, do not satisfy requirements of Ss.353(1)(c), 352(2) BNS - Proceedings qua petitioners quashed...........
Evidence Act, 1872, Section 3 -- (Bharatiya Sakshya Adhiniyam, 2023, S.2) - Suppressing financial details in affidavit - Held, suppression is not or cannot be said to be a false statement...........
Criminal Procedure Code, 1973, Section 195 -- Cognizance of offence - Where a complaint is made to a superior officer and subsequently upon investigation is found to be false, any complaint for prosecution must emanate from that very authority or a superior authority and not from an officer of a lower rank...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.69) - Bail - Rape - False promise of marriage - Applicant had repeatedly assured prosecutrix that there was no impediment to their marriage including on aspect of kundali matching and had represented that horoscopes had already matched - It is on..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Nothing is found that promise was there from inception of long standing relationship and prosecutrix engaged in sexual relations on basis of such promise - Rather, case would be an instance of consensual sexual relationship with subsequently turned..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife has always been ready and willing to live with husband and for resumption of matrimonial relationship she made efforts for restitution of conjugal rights from her side but due to negative response of husband she was not allowed to live with him - Husband denied to keep his wife..........
