Indian Penal Code, 1860, Section 467, 468, 471, 120B, 63, 64 -- and 196, Evidence Act, 1872, - Forgery - Memorandum of partition alleged to be forged and fabricated document - Photo copies in absence of non production of original is not admissible in evidence...........
Indian Penal Code, 1860, Section 419, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of criminal proceedings - Application u/s 156(3) - Registration of case - Case is at the stage of investigation and charge-sheet has not yet been filed - Criminal case and a civil suit have arisen out of the same fact over same property - Held,..........
Limitation Act, 1963, Section 17, Article 56 -- Benefit of S.17 on basis of fraud - Availability - Only contention on behalf of plaintiffs in support of their case that suit is within the period of limitation, is that they came to know about forged signature on power of attorney from report of handwriting expert and therefore, from that day, suit is within the period of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Section 17 -- Rejection of plaint - Respective plaintiffs had knowledge with respect to the transaction in the year 1999 and even in the year 2004, when RTS Appeals were preferred challenging the Mutation Entries in favour of defendants and even with respect to the alleged forgery in the year 2004 when..........
Indian Penal Code, 1860, Section 464, 467 -- Sale of property not owned by seller - It is not execution of a false document - If what is executed is not a false document, there is no forgery - If there is no forgery, then neither S.467 nor S.471 of the Code are attracted...........
Indian Penal Code, 1860, Section 420,467,471 -- Cheating and forgery - Agreement to sell - Seller not executing sale deed despite receiving earnest money - FIR lodged by purchaser - FIR quashed - Held, it gives rise to dispute of purely civil nature - Question of execution of sale deed or otherwise cannot be gone into by police or criminal Court - Only civil Court has..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Offence based on documents which were in custody of bank - Allegation against petitioner was only of connivance and not of forgery or fabrication of any document - Custodial interrogation not required - Interim bail granted made absolute...........
Indian Penal Code, 1860, Section 467, 468, 471 -- Forgery - Scope - Preparation to commit forgery is not an offence but attempt to commit the same is an offence...........
Criminal Procedure Code, 1973, Section 482, 320 -- Non-compoundable offences - Quashing of proceedings - Exercise of inherent powers - No due certificate issued by respective banking authorities would go to show that the balances, which were due to respective banks were paid and settled by way of one time settlement scheme and hence second respondent bank has also stated..........
Registration Act, 1908, Section 81,82 -- of Registration Act if all the essential ingredients contained therein are complete and not otherwise - A person can be prosecuted under the provisions of ,Ss. 81 and 82 - Allegation of selling sale by co-sharer of specific khasra numbers and in the sale deed it was mentioned that no civil suit is pending nor there is stay from the..........
