Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Suit based on various bills and purchase orders, which have been placed on record - Defendant signed and acknowledged the receipt, amounts payable and contents of such bills raised by plaintiff enumerating all contractual obligations including payment terms agreed between parties, taking..........
Hindu Marriage Act, 1955, Section 24, 25, 26, 27, Civil Procedure Code, 1908, Order 19, Rule 1 -- Maintenance - Affidavit - If a party made concealment or false statement in his/her affidavit, opposite party shall disclose the particulars of the same in his/her response on affidavit along with the material to show concealment or false statement - Aggrieved party may also..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - More than five years have lapsed - Conduct of ADM/Land Acquisition collector - Plea sworn by Land Acquisition Collector in affidavit regarding taking over possession of acquired land is..........
Criminal Procedure Code, 1973, Section 482, Representation of the Peoples Act, 1951, Section 125A, 79(b), 32, 33, 33A -- Criminal proceedings - Quashing of - Affidavit contained a false averment and the Form 2A filed with nomination contained false statement, suppression of his previous conviction in a criminal case, was the basis of a complaint from returning officer, on..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 376 -- Rape - Leave to appeal against acquittal - No corroboration to statement made by prosecutrix - Huge number of improbabilities in her statement - To remove doubts, no independent witness was produced in Court - Offence alleged to have been committed in a busy place - No explanation as to why..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193 -- Concealing factum of filing of exactly similar petition - Intentionally made false statement in affidavit that no such or similar petition had earlier been filed - However, similar petition had earlier been filed and dismissed - It is an offence punishable u/s 193 IPC - Registrar..........
Indian Penal Code, 1860, Section 193 -- Statement of two witnesses recorded u/s 164 Cr.P.C. and lateron examined in Court - Witnesses subjected to lengthy cross examination but nothing could be elicited to discredit their statement-in-chief - Four years thereafter witnesses filed an affidavit giving different version and resiling from their previous statement on ground of..........
Criminal Procedure Code, 1973, Section 340, Penal Code, 1860, Section 191,192,193, Industrial Disputes Act, 1947, Section 17B -- False affidavit - Tendered in Court - Plea of respondent that false averment, if any, was made not directly in a claim made by him under Section 17B of the ID Act but was made in response to respondent's plea in Civil Miscellaneous application..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Medical Negligence - The District Forum vide its judgment and order dated 6.4.1999 holding Appellants/O.P. Nos.1 and 2 negligent and directing them to pay a compensation of Rs.51,000 - The Opposite Parties obtaining the certified copy of the judgment and order on 23.10.199 and filing the appeal on 26.10.1999 - O.P...........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence or affidavit in a proceeding before a Court - Appellant in an enquiry found to have made intentionally a false statement on oath - Directions for filing complaint - Appeal - One of the conditions for filing such complaint is that Court found it expedient in interest of justice to make an inquiry in..........
