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..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/Ss. 420, 467, 468, 471, 120-B - Acquittal - Forged agriculturist certificate - Testimony of witnesses - Testimony of prosecution witnesses categorically proved that agriculturist certificate was not attached to sale deeds - Testimony of PW7, PW9 and Sub-Registrar, on whose statement prosecution heavily..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Permission to lead additional evidence in rebuttal - Defendant denied signatures of her father on documents in question and stated that documents were forged and fabricated - Plaintiffs led no affirmative evidence in rebuttal - Defendant evidence stood closed prior to filing of present application - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - At the stage of deciding an application U.O.7.R.14(3) CPC Court is not required to see whether document is forged, concocted or unauthorized - Evidentiary value or reliability of document is required to be seen at the time of marking exhibit and/or at the time of leading evidence...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 12 -- Plea of juvenility - Determination of age - School records - Mere presence of alternative dates in other documents does not by itself invalidate the school records, unless proven to be forged...........
Indian Penal Code, 1860, Section 468, 471, 109, 120B -- Forged documents - Allegation that postal cover in which the forged marksheet was purportedly transmitted, bore handwriting of appellant - However, postal cover could not be exhibited in evidence - Non-exhibiting of original document would lead to the only possible inference that postal cover was never proved as per..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forgery - Documents were not forged when the matter was sub-judice before civil Court - Suit was filed by respondents seeking certain reliefs and in the suit the forged document was filed - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory notes - Recovery suit - Plaintiff discharged the initial burden about passing of consideration and also execution of promissory notes - However, defendants pleaded that suit pronotes are forged and fabricated - Admittedly no steps are taken by defendants to send the suit pronotes along with admitted signatures..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cancellation of anticipatory bail - Cheating - Forged documents - Veracity and authenticity of documents alleged to be forged were to be ascertained by I.O. - Charges were framed against accused - Custodial interrogation of accused not required - Anticipatory bail..........
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..........
