Criminal Procedure Code, 1973, Section 340 -- Forgery or forged document - Mere statement of opposite party that alleged document is forged document is not sufficient for purpose of S.340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Forgery or forged document - Proceedings u/s 125 Cr.P.C - Allegation that wife produced forged birth certificate of her son - However, no register, no document, no birth certificate issued in favour of any third party has been produced and exhibited before Court below - Mere statement of husband that alleged document is forged..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506, 448, 387 -- Quashing of proceedings - Cheating - FIR does not disclose any act of accused or their participation in commission of crime - It is not the case of complainant that either accused have played any active/passive role either in scribing document or are..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 413, 471 -- Anticipatory bail - Cheating - Allegation against petitioner is that she committed forgery of a document which is to be used in transferring an immovable property, though her case is of a complete denial - In order to ascertain whether offences have been really committed by..........
Civil suit and criminal proceedings -- Forgery or cheating - Civil suit filed alleging gift deed fraudulent and not binding and cancellation of gift deed - Civil Court cannot punish accused for criminal offence of forgery, cheating etc. - Though both the proceedings arise from the same action but both relate to different aspects - Both civil suit and criminal proceedings..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Cheating - Forgery - No element of dishonesty from inception specifically when parties have entered into business transaction after understanding terms of MOU/agreement duly signed and without any allegation of forgery in said document - There was thus, no material on record that any offence of forgery was prima..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell, power of attorney and sale deed whether forged and fabricated documents - Such disputed questions of fact can be decided on basis of evidence to be led by parties - Forgery pleaded cannot be a ground for rejection of plaint...........
Agreement to sell -- Specific performance - There are no suspicious circumstances particularly when defendant after having taken a particular plea that agreement to sell is result of forgery, has failed to lead any evidence to substantiate the same...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forgery - Forged document had been prepared prior to filing of suit - Alleged forgery was not done when document was in custody of Court - Bar of S.195(1)(b)(ii) Cr.P.C would not be applicable...........
Service -- Cancellation of appointment on the ground of criminal charge of forgery - When the appellant was never at fault and no one has afforded him a reasonable opportunity and also failed to consider that the appellant was a juvenile on the date when the complaint was made - These peculiar facts were not noticed by the authority while exercising its judicious..........
