Indian Penal Code, 1860, Section 198, 420, 471 -- Admission on basis of false mark sheet - Mark sheet not proved to be forged by accused - Mark sheet amended either by accused or through someone else - Accused knew that mark sheet is false and used it as true certificate - Lower Courts rightly convicted accused...........
Indian Penal Code, 1860, Section 471 -- Forgery - Sentence - Appellant used duplicate certificate with changes as a true certificate knowing it to be false in material particular and thereby got admission - Held, conviction proper - However, looking to nature of offence and fact that appellant's past and present records has been good and fact that he has already lost his..........
Constitution of India, 1950, Article 226, 21 -- Custodial death - Police record manipulated and false story of murder cooked up to hush up incident - High Court directed thorough examination of record of police station by holding departmental enquiry so as to bring to book such of police personnel who may be found guilty of misconduct or negligence or dereliction of duty..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - `Sufficient cause' - If defendant advances some cause for setting aside ex parte decree which does not seem to be false or frivolous, it should be accepted and ex parte decree set aside...........
Criminal trial -- Circumstantial evidence - Murder of wife - Circumstance that relationship strained on account of demand of dowry, at relevant time deceased was living with her husband and in laws, letter written by deceased to her father apprehending that in laws may kill her, gunshot heard by neighbour, accused possessing licensed gun, death due to gunshot, false and..........
Contract Act, 1872, Section 23 -- Bank loan for construction of building - Bank agreed to take on rent entire first floor and mezzanine floor for running a branch therein - Building however could be used only for residential purpose - Bank now shown to be aware of said fact - Hence, agreement and lease deed is void as per S.23 - Defendant is guilty of making false..........
Hindu Marriage Act, 1955, Section 13 -- Mental disorder of wife - Tearing off bridal garland by wife on marriage day itself is not believable - Wife drank entire milk on nuptial day without offering any portion thereof to husband and she did not touch husband, such incidents are natural for any lady on first night - Allegations that wife was in habit of drinking water with..........
Criminal trial -- Appreciation of evidence - Contradictions - Only material particulars can be used to discredit the testimony of the witness - Omission in the police statement by itself does not necessarily render the testimony of witness unreliable - Version given by the witness in Court if different in material particulars from that disclosed in earlier statements, the..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Held, where prosecution wants to prove guilt of accused by circumstantial evidence, it is necessary to establish that circumstances from which a conclusion is drawn should be fully proved - Circumstances should be conclusive in nature - All facts so established should be consistent only with..........
Indian Penal Code, 1860, Section 376 -- Rape - Acquittal - Appeal against - Victim below 16 years - Accused known to family of victim - Accused dragged victim while she was walking on road, to a ditch and raped her - Soon thereafter victim narrated the incident to many independent witnesses - Complaint lodged after 2 days & medical examination conducted after 3 days -..........
