M.P.Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, Section 39, Criminal Procedure Code, 1973, Section 197,156, Prevention of Corruption Act, 1988, Section 19 -- Cognizance of offence - Offence under Adhiniyam Committed while committing main offence of forgery - No cognizance to be taken unless sanction to direct investigation is obtained in view of S.39 of Adhiniyam..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence of committing forgery by creating a false document by dishonest and fraudulent means, forged the signatures of complainant and an attempt made to use the forged document as genuine - Civil dispute pending in competent civil court - Held, notwithstanding civil..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Plea of forgery raised in written statement - Non-filing of replication - Effect thereof - Appellant did not file replication which specifically denied allegations of alleged forgery made in written statement with respect to certain bank documents - Held, mere no, traverse cannot mean that a significant issue..........
Recovery Suit -- Plaintiff had filed suit for recovery basing his claim on pronote and receipt - Due execution of pronote and receipt proved - Mere denial of execution of pronote and receipt by defendant was not sufficient - - Defendant failed to establish that pronote and receipt were result of forgery and fraud - Suit rightly decreed by Courts below - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 482, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, Indian Penal Code, 1860, Section 467, 420 -- Quashing of order sought vide which cognizance of offence taken u/s 21 of MMDR Act, 1957 and u/s 420 and 467 of IPC - Allegations that challan earlier issued by Mining Department for transportation of iron ore were..........
Criminal Procedure Code, 1973, Section 340 -- Interpolations in complaint - Not clear whether cutting was before filing or after filing of complaint - No material to show that complainant committed forgery in the document filed in the Court - No sufficient ground to initiate criminal proceedings against the petitioners u/s 340 Cr.P.C...........
Consumer Protection Act, 1986, Section 14 -- Limitation Act, 1963, Section 14 - Summary Jurisdiction - Banking service - Fixed deposits - Fraud and forgery - Serious allegations relating to fraud, forgery and connivance of bank have been leveled on the part of the bank with regard to FDR's - In the present case proper course for the appellant is to approach the civil Court..........
Indian penal Code, 1860, Section 464, 465, 467, 468, 471 -- Execution of sale deed by a person who has no title over the property - It is fraudulent act of cheating and not execution of a false document - When it is not execution of false document there can be no forgery...........
Indian Penal Code, 1860, Section 465, 468, 471 -- Forgery - Accused a Sanitation Supervisor convicted and sentenced for making fake trading licenses - Incident 8 years old when petitioner was of tender age of 22 years, at which age one is vulnerable of being misguided and led astray - Petitioner an orphan, sole bread earner of his family consisting of minor child and wife..........
Indian Penal Code, 1860, Section 463, 464, 465, 466 -- Forgery for the purpose of cheating - Person submitting application to obtain passport giving incorrect particulars with regard to age, residence, etc. and was able to obtain passport on the verification of particulars by the accused (police officer) - No evidence that accused entered into conspiracy with the applicant..........
