Prevention of Food Adulteration Act, 1954, Section 7, 16, Prevention of Food Adulteration Rules, 1955, Rule 37, Criminal Procedure Code, 1973, Section 482 -- False or misleading statement on Label - Quashing of summoning order - Use of words `dream of healthy India' on the packets of NOVA Dairy Mix Skimmed milk powder - Neither in the complaint nor in the public Analyst..........
Contempt of Courts Act, 1971, Section 12 - - Contempt of Court - Unconditional apology - Writ petition contains incorrect and false facts - Petitioner tendered unconditional apology - Unconditional apology accepted with warning to petitioner not to repeat it otherwise serious view would be taken - Every party is expected to approach Court with clean hands and use language..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, Evidence Act, 1872, Section 24 -- Recovery of ganja - Conviction - Validity - Appellant admitted driving van in which ganja was found hidden in false chamber - However, he pleaded ignorance about false chamber and ganja being carried in van - He did not admit to all facts which constituted offence nor..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Appellant alleged to have committed murder by attacking victim with billhook - Eye-witness (de facto complainant) proved his previous statement reduced to writing by police and his statement recorded u/s.164 Cr.P.C. - No steps taken to contradict evidence of said witness - There is nothing that..........
Motive -- Evidence of motive cuts both ways - Whilst the motive may sometimes be the cause of an attack, it also provides a good reason for the false implication of the accused...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and gang rape - Acquittal - Validity - Accused persons alleged to have taken victim girl on false pretext that her uncle was looking for her and committed rape on her - Evidence of prosecutrix that all accused persons committed rape on her without her consent and forcibly corroborated by evidence of informant,..........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Execution of a sale deed in excess of one's authority does not per se amount to creation of a false document within the meaning of S.464 IPC - If what is executed is not a false document, there is no forgery - If there is no forgery, then prosecution for..........
Indian Penal Code, 1860, Section 420 -- Cheating - Applicant is a purchaser - No allegation of dishonesty making any false and misleading representation against applicant - Therefore proceedings against applicant amount to abuse of process of court and as such to secure the ends of justice the same deserve to be quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Essential ingredients are : (i) deception of a person either by making a false or misleading representation or by dishonest concealment or by any other act or omission; (ii) fraudulent or dishonest inducement of that person to either deliver any property or to consent to the retention thereof by any person or to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife filing criminal complaint against her husband & in laws alleging dowry harassment - No evidence to prove that complaint was false - It will not be taken as proof of cruelty or harassment on her part - Petition filed by husband dismissed...........
