Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - False and irrelevant pleas - Duty of Court in such cases - (i) To uphold truth and do justice; (ii) Dishonest and unscrupulous litigants have no place in law courts; (iii) Once the Court discovers falsehood, concealment, distortion, obstruction or confusion in pleadings and documents, Court should in addition to..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Foundation of litigation - Pleadings must set-forth sufficient factual details to the extent that it reduces ability to put forward false or exaggerated claim or defence - Must inspire confidence and credibility - If false averments, evasive denials or false denials are introduced, then Court must carefully look..........
Indian Penal Code, 1860, Section 406, 420, 120B -- Agreement to sell executed on 20.7.2006 - Subsequently another false agreement executed, purported to have been written on 4.4.2006, after purchasing stamp papers in the back date and by fabricating the documents and on the basis of such agreement sold the land on 19.12.2006, in order to defeat rights of complainant - Plea..........
Constitution of India, 1950, Article 226 -- of COI to set aside acquittal of accused in a criminal trial - Suo motu exercise of writ jurisdiction by High Court under ,Art. 226 - Trial conducted depicts monstrous perversities and gross abuse of process of law - Appeal not filed - High Court can suo motu exercise writ jurisdiction to interfere with the verdict of a..........
Criminal Procedure Code, 1973, Section 340,195 -- Giving false evidence as well as threats and intimidation to a person to give false evidence in relation to a proceeding in a Court - Presiding Officer to file a complaint before a Court of competent jurisdiction...........
Indian Penal Code, 1860, Section 477A -- Offence u/s 477 A IPC - Falsification of accounts - Held, if a servant (including public servant) in that capacity, with intent to defraud or falsify any accounts makes any false entry, he will be guilty for the offence u/s 477A IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379,411 -- Bail - Offence u/ss 379 & 411, IPC - No recovery as alleged by prosecution - No independent witness of alleged recovery - No credible evidence regarding applicant's complicity in alleged offence - False implication just to harass - No chance of applicant's fleeing away from judicial..........
Evidence Act, 1872, Section 32 -- Dying declaration - Persons accompanying injured while he was taken to hospital - Held, in absence of any indication that they influenced the mind of injured for making a false statement, it cannot be held that he made false statement...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b),42,50 -- Recovery of Smack - Conviction - Appeal - No reason as to why appellants were taken to police station, kept in confinement in Chamber, kept away from motorcycle in question for almost five hours - Nothing on record to show that any effort was made to take appellants to nearest Gazetted Officer of..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195 -- Giving false and fabricated evidence - Enquiry - Factors to be taken into account - Held, court at the stage envisaged in S.340 of the Code is not deciding the guilt or innocence - At that stage court only considers whether it is expedient in interest of justice that an inquiry should be..........
