Indian Penal Code, 1860, Section 468 -- Offence u/s 468 IPC - To attract S.468 IPC, it has to be shown that (i) document is forged; (ii) accused was the person who forged it; and (iii) in forging it he intended that it shall be for the purpose of cheating...........
Indian Penal Code, 1860, Section 420, 468, 471, Criminal Procedure Code, 1973, Section 227 -- Cheating - Discharge - Allegation that accused while in service of teacher obtained degree of law - However, evidence on record shows that neither Education Department nor Bar Council of HP at any point of time lodged a complaint against accused that he suppressed facts from his..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - Plea of forged signatures raised in cross examination of complainant and in statement u/s 313 Cr.P.C. - Accused permitted to get his signatures examined by handwriting expert...........
Indian Penal Code, 1860, Section 420, 468, 471, 34, Criminal Procedure Code, 1973, Section 482 -- Preparation of forged agreement for sale - If civil remedy is available to an aggrieved person, it does not oust jurisdiction of a criminal Court to proceed with complaint if it prima facie discloses commission of criminal offence by accused - Since prima facie case is made..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 120B -- Cheating - Forged Will - Quashing of proceedings - Civil suit regarding validity of Will in question is admittedly pending - Validity of factual evidence which is course of trial by trial Judge is not to be analyzed by High Court under exercise of inherent power u/s 482 Cr.P.C - Petition for quashing..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence in rebuttal - Dismissal of application - Without making any comment whatsoever on either merits of controversy between the parties, or even with regard whether the document is a genuine or forged/fabricated document or has been obtained by fraud, which is a matter left to be decided by trial Court on..........
Will -- Execution - Will executed 16 days prior to death of testator - Will cannot be discarded merely for this reason in the absence of evidence that Will was forged...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - Summons duly served - Burden is on defendant to prove that summons in fact does not contain his signature or that it bears his forged signatures - It was the burden of defendant to lead positive evidence to prove that summon does not bear his signature like, producing..........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Plea of plaintiff that at time of execution of sale deed they were minor and sale deed is forged document - No evidence on record produced to prove minority of plaintiffs through date of birth as well as forgery of document of sale deed - Matriculation certificates have no..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Property of mother - Eviction of son - Son procured a forged and fabricated Will of house in question in his favour, which was cancelled by Court - Mother was ousted from her house - Son is a licensee living in the premises, thus, District Magistrate after considering the material on record,..........
