Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Falsehood in the complaint with reference to the addresses of accused - Mentioning of addresses as `Sector 20, Gautam Budh Nagar' whereas not only the appellants but also other accused were found to be residents of New Delhi - Complainant having misused the legal system by lodging false and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of dowry demand and extra marital relationship with one woman was made by wife against husband, which amounts to mental cruelty upon husband - Divorce rightly granted to husband...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, Court cannot go into correctness of allegation and application cannot be allowed on the ground that allegations are false...........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Frivolous litigation - Three conditions are to be satisfied before Court proposes to award costs: (i) claim or defence must be false or vexatious; (ii) objections must be taken that claims or defence is false or vexatious to knowledge of party raising it; (iii) such claim or defence must have been disallowed or..........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Objection was raised in written statement that suit was false and vexatious - Suit withdrawn by plaintiff and same was not decided on merits - Trial Court failed to pass any order about payment of costs - Trial Court directed to pass order in accordance with law as to whether defendant is entitled to costs - If..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - False promise of marriage - When relationship between accused and victim was consensual relationship which culminated in the marriage, allegation that physical relationship was maintained due to false promise given by accused to marry, is without basis as their relationship led to solemnization of marriage - FIR quashed...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Injury inflicted simple in nature - However, as per complainant and his witnesses all 7 accused assaulted complainant with danda, lathi, kicks and fists - There is dispute and litigation between parties regarding pathway and drain which was allegedly obstructed by accused - Trial Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Deceased sustained injuries on account of accident as per dying declaration - Accused himself had sustained 8% burn injuries in trying to extinguish fire sustained by deceased coupled with the fact..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Two complaints filed by wife against husband were found to be false or not proved - This fact itself constitutes evidence of cruelty on the part of wife...........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
