Representation of the Peoples Act, 1951, Section 123(2), Karnataka Municipal Corporations Act, 1976, Section 35(1)(b), 39(2) -- Election petition - Corrupt practice - Suppression of information with regard to assets of husband - Election can be declared void on the ground of corrupt practice which include `undue influence' - Any false statement is a corrupt practice - Non..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false complaints by wife against husband in which he was acquitted and wife has been held guilty for commission of offence punishable u/s 500 IPC, amounts to cruelty towards husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Even filing of one false complaint against other spouse would amount to cruelty...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Filing of false criminal case - If petitioners are aggrieved by FIR, remedy is to approach quashing of same - Same cannot be a ground to transfer proceedings - Transfer petition dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false complaint against husband and his family members by wife amounts to mental cruelty towards husband and a ground for dissolution of marriage - Divorce held, granted to husband...........
Civil Procedure Code, 1908, Order 11, Rule 11, 22 -- Interrogatories - Answer given in response to interrogatories can be used in evidence - Correctness and veracity thereof will be established only at trial - False answers given can be visited with consequences like perjury in accordance with law, since answers given in response to interrogatories can be used in evidence..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - False complaint given by wife against her husband amounts to cruelty towards husband - Divorce granted to husband...........
Agreement to sell -- Specific performance - Defendant came with a false case of fraud and that transaction was a loan, which he could not prove - Defendant when does not come with clean hands and suppresses material facts, discretion should not be exercised against specific performance...........
Indian Penal Code, 1860, Section 376(2)(1), 323, 506 -- Rape - False promise of marriage - Prosecution failed to prove that accused had ever cheated prosecutrix by not disclosing that he was married - It was a mutual relationship between parties - FIR got registered against accused when said relationship became sour - No medical evidence was led to show that prosecutrix..........
Criminal trial -- Unexplained reasons for false implication of accused, cannot substitute failure of prosecution to discharge burden resting on it...........
