Criminal Procedure Code, 1973, Section 340 -- Perjury - Proceedings under PWDV Act - Husband committed perjury by stating that he is residing in rented accommodation whereas he is not residing there and address is fake - Trial Court directed to issue proceeding against husband u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- False evidence - To proceed u/s 340 Cr.P.C. : (a) Court must record a finding to the effect that the person concerned has intentionally given false evidence; (b) Court should also be satisfied that in the interests of justice, it is expedient that such person be prosecuted; (c) Court may hold a preliminary inquiry to reach at..........
Criminal Procedure Code, 1973, Section 340, 125 -- Application u/s 340 Cr.P.C in proceedings u/s 125 Cr.P.C - Appointment of amicus curiae - Mere fact that counsel representing wife in proceedings u/s 125 Cr.P.C appointed as amicus curiae for assistance to Court in decision of application u/s 340 Cr.P.C, would not debar Court from seeking inputs from him on question of..........
Criminal Procedure Code, 1973, Section 340, 195 -- Forgery - It is necessary before lodging complaint that Court must be satisfied that it was expedient in interest of justice to lodge complaint - Use of actual words of S.340 Cr.P.C not necessary, but Court should record a finding indicating its satisfaction that it is expedient in interest of justice that an enquiry..........
Criminal Procedure Code, 1973, Section 340 -- Two conditions must be fulfilled for entertaining complaint filed u/s 340 Cr.P.C:- (i) that a person has given false evidence in a proceeding before Court; and (ii) it is expedient in the interest of justice to make an inquiry of offence committed by concerned person...........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- Cognizance of offence - Offence u/ss 193, 471 - It appears that petitioner is Government servant and he is said to have committed offence u/ss 193, 471 IPC in relation to Court proceedings therefore, Ss.195(1)(b)(i) & 195(1)(b)(ii) Cr.P.C. is squarely..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Matrimonial dispute - False statement allegedly made in anticipatory bail application by accused - However, evidence on record shows that statement made in anticipatory bail application cannot be tested against unimpeachable evidence as evidence not yet led - Moreover, report in the nature of preliminary investigation..........
Criminal Procedure Code, 1973, Section 195, 340 -- Complaint u/s 340 Cr.P.C - Bar u/s 195 Cr.P.C - One person by way of impersonation was produced before Court and was identified as such before Court and thereafter remand and bail was obtained - Complaint therefore, can only be lodged by Court from which remand was obtained or before whom bail was filed and bail bonds were..........
Criminal Procedure Code, 1973, Section 340 -- Object - Prosecution under this Section can be initiated only by sanction of Court under whose proceedings an offence referred to in S.195(1)(b) has allegedly been committed - Object of this Section is to ascertain whether any offence affecting administration of justice has been committed in relation to any document produced or..........
Criminal Procedure Code, 1973, Section 340 -- Application u/s 340 Cr.P.C - Filed in civil Court shall be registered as an interlocutory application - An appeal challenging orders of such Court is maintainable only in Court in which appeals against decrees or orders of such Court may be filed under provisions of Civil Courts Act - Order of Civil Appellate Court thus, cannot..........
