Criminal Procedure Code, 1973, Section 195(1) -- Filing of forged documents in court - Prosecution for - Forgery is alleged to have been committed with respect to the Will in question prior to filing of suit in civil court - Petitioner prosecution u/s 195(1) IPC - Legality of - Held, expression "when such offence is alleged to have been committed in respect of a document..........
Criminal Procedure Code, 1973, Section 200, 202, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- IPC - Complaint u/ss 420, 467, 468, 471, 120-B IPC with allegations in the complaint of serious nature involving offences of forgery and preparation of fictitious ration cards of persons not below poverty line - Held, a thorough investigation by an investigating..........
Admission -- Defence of forgery - Appellant himself admits that he had entered into an agreement for the sale of one flat but he has refrained from producing the sale agreement - Having not produced the best evidence in his possession, the appellant cannot be allowed to take advantage merely because he alleged the documents produced by the complainants as forged...........
Criminal Procedure Code, 1973, Section 195, 340 -- Documents produced in court - Forgery - Holding of enquiry - Correction by investigating agency in name of accused in his statement recorded u/s 164 Cr.P.C. - Held, one cannot be said to have made forgery by making correction as such correction never seems to have been made for playing fraud upon any one nor said..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Mutation by Naib Tehsildar - Allegation against petitioner are that he sanctioned mutation on basis of certain reports submitted to him by the Subordinate officers - Merely because allegations of forgery and conspiracy are levelled against petitioner, it would not take the case out of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ink used in filling the body of cheque different from ink used in appending signatures - Held, that filling up of the blanks in cheque by itself does not amount to forgery...........
Motor Vehicles Act, 1988, Section 15 -- Renewal of a fake licence - Renewal of a fake licence cannot transform a fake licence as genuine - A fake licence cannot get its forgery outfit shipped off merely on account of some officer renewing the same with or without knowing it to be forged - Since the driver's licence was fake Insurance company is liable only for damages to..........
Indian Penal Code, 1860, Section 465 -- Blank cheque - Filling up of the blanks in a cheque by itself does not amount to forgery...........
Specific Relief Act, 1963, Section 31 -- Suit for declaration that bill of exchange is forged - Cause of action will not be limited to the alleged act of forgery - Plaintiff could also plead that the bill of exchange if left outstanding may cause it serious injury...........
Indian Penal Code, 1860, Section 409, 467, 471 -- Criminal breach of trust by public servant & forgery - For the offence u/ss 409, 467 and 471, the existence of mens rea (guilty mind) must be proved...........