Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 218, 467 -- Sanction for prosecution - Petitioner, SHO of police station charged for offences u/s 218 and 467 Indian Penal Code for making false and forged entry in Roznamcha - Competent authority refused to grant sanction and challan filed for offences u/ss 218 and 467 without sanction -..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegations that accused had sexual intercourse with prosecutrix in garb of false promise of marriage - Accused not disclosed factum of his marriage and that he was having two children - Held, prosecutrix not consenting party as she consented to sexual intercourse under false promise of marriage held by accused - Sentence..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence of committing forgery by creating a false document by dishonest and fraudulent means, forged the signatures of complainant and an attempt made to use the forged document as genuine - Civil dispute pending in competent civil court - Held, notwithstanding civil..........
Indian Penal Code, 1860, Section 420, 468, 120B -- Cheating - Conspiracy - Accused allegedly sanctioned loan on false application and false quotation with a view to obtain pecuniary advantage for co-accused - Loan secured by collateral security - Senior-officer of bank, who conducted pre-sanction inspection and recommended sanction of loan, exonerated by investigating..........
False implication -- Merely because the prosecution did not examine any independent witness does not necessarily lead to the conclusion that accused was falsely implicated...........
Information Technology Act, 2000, Section 4 -- Emails - If a person produces a text of information generated through computer, it shall be admissible in evidence, provided the proof is tendered in the manner brought through the Evidence Act - There are dangers of fabrication but that shall be no ground for rejection of the whole record only because, it was possible..........
Criminal Procedure Code, 1973, Section 190, 482 -- Complaint filed by petitioner alleging that he was illegally arrested on the basis of false and planted FIR - Magistrate after examining documents on record came to the conclusion that no guilt of accused is established - Petitioner taking plea that Magistrate did not take into account the vigilance report which was..........
Agreement to sell -- Specific performance - An equitable relief - Party who makes false allegations does not come to Court with clean hands and is not entitled to the equitable relief of specific performance...........
False implication -- No cause pointed out by accused - No interference in order of conviction...........
Indian Penal Code, 1860, Section 420 -- Cheating - Framing of charge - Petitioner fraudulently and dishonestly took Rs.12, 90, 000/- from complainant on a false assurance of arranging a shop for her - Allegations supported by two witnesses to the transaction - It cannot be said that there was no payment of money - Petitioner, after money, locked his shop and disappeared..........
