Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Criminal Procedure Code, 1973, Section 340 -- Forgery or forged document - Proceedings u/s 125 Cr.P.C - Allegation that wife produced forged birth certificate of her son - However, no register, no document, no birth certificate issued in favour of any third party has been produced and exhibited before Court below - Mere statement of husband that alleged document is forged..........
Agreement to sell -- Validity - Defendant contended that agreement in question is a forged document as he never signed in Punjabi script - He produced driving licence and his passport in support of his case - Contention rejected, as neither of said documents were signed prior to date of execution of agreement to sell - Court below thus, justified in holding that signature..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs claiming to be in possession of property for the last 20 years - No document is on record as to ownership and title of plaintiff - Only one document i.e notice of encroachment was produced by plaintiff that too for the first time before High Court - Ration card shown by plaintiff also..........
Criminal Procedure Code, 1973, Section 195 -- Bar u/s 195 Cr.P.C. - Cognizance of offence - Where document has been forged and later on produced in Court, bar created u/s 195 Cr.P.C. would not come into play and Court can take cognizance of offence on basis of complaint filed by petitioner...........
Criminal Procedure Code, 1973, Section 195 -- If document was forged or fabricated before it was produced in Court, complaint by that Court is not necessary and cognizance can be taken for such offence u/s 190 Cr.P.C. - Police is empowered to undertake investigation about genuineness of such document - Therefore, Court cannot refuse to handover such document to police..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Hand writing and finger print expert - Document forming foundation of case and propounded by plaintiff was to be proved by him - However while framing issues, onus was placed on defendant to prove that document was forged and fabricated - When onus of proving issue was on defendant, plaintiff..........
Indian Penal Code, 1860, Section 471 -- Securing job by producing forged certificate - Photostat copies of certificate produced in court but original certificates were never produced - Objection taken by defence for not exhibiting original certificates not decided by trial court and was also over-looked by lower appellate court while affirming conviction - Prosecution..........
Indian Penal Code, 1860, Section 195 -- False injury report prepared and given in investigation to frame the opposite party in a criminal case - Document was forged outside, given to police and then produced in Court - Court has jurisdiction to frame charge u/s 195 of the Code and to take cognizance of the case...........
Indian Penal Code, 1860, Section 420, 466, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Forged document handed over to Advocate who produced it in Court - Advocate cannot be held liable for producing a forged document in Court - Advocate in no way is the beneficiary if the said document is ultimately accepted or rejected - It is ultimately the person who..........
