Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - Power has to be exercise very sparingly and with circumspection and in rarest of rare cases - Court is not justified in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR - Court also cannot inquire whether the allegations in the complaint are..........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 195 -- False complaint made to Superintendent of Police who forwarded the complaint to SHO who registered FIR - On investigation complaint was found to be false - SHO filed complaint against accused - Held, it is the Superintendent of Police to whom false grievance is alleged to have been made by..........
Criminal trial -- Related witness - Relationship is not a factor to affect credibility of a witness - It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent person - Foundation has to be laid if plea of false implication is made - In such cases, court has to adopt a careful approach and analyse evidence to find..........
Indian Penal Code, 1860, Section 201 -- Ingredients of offence under Section 201 are (i) that an offence has been committed; (ii) that the accused knew or had reason to believe the commission of such an offence; (iii) that with such knowledge or belief he - (a) caused any evidence of the commission of that offence to disappear, or (b) gave any information relating to that..........
Indian Penal Code, 1860, Section 376 -- Rape - False allegation of rape can destroy the name and reputation of an accused lowering him in the eyes of his family and the public - This fact to be kept in mind while discussing the evidence in such cases...........
Income Tax Act, 1961, Section 277, 278B, Criminal Procedure Code, 1973, Section 482 -- False income tax return by firm - Punishment provided is that of imprisonment and there is no provision for sentencing the accused to pay fine - Proceedings against firm quashed as firm cannot be sentenced to undergo imprisonment - Juristic person like a firm cannot be awarded punishment..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegation that accused raped the prosecutrix several times -Prosecutrix 17-1/2 years of age made no complaint to any body in the village and not even to her relations for six months - Complaint lodged when her pregnancy became apparent - Altercation took place between father of prosecutrix and father of accused some time..........
Criminal trial -- Related witness - Relationship is not a factor to affect credibility of a witness - A relation would not conceal actual culprit and make allegations against an innocent person - Foundation has to be laid if plea of false implication is made and court has to adopt a careful approach and analyse evidence to find out whether it is cogent and credible...........
Insurance claim -- Repudiation - Grounds that deceased was suffering from diabetes and kidney troubles from before 8 years of death and false information was given in proposal form - Proposal form countersigned by the doctor of Insurance company who certified that the replies given are correct - Repudiation of claim on the basis of certificates of a doctor who never..........
Agreement to sell -- Suit for specific performance - Relief of specific performance - Delay in deciding suit - Held, once execution of valid agreement, ready and willingness of the vendee is proved and the subsequent vendee is not bonafide purchaser for consideration without notice and that vendor proved to have taken false pleas, Court will not refuse relief of specific..........
