Divorce Act, 1869, Section 10(1)(x), 10(1)(ix) -- Divorce - Cruelty and desertion - Petition by husband - Husband alleged that wife abused and ill-treated him in front of others by comparing with her government job and she attempted to commit suicide by sending short message to him - Wife on the other hand stated that husband has illegal relationship with one lady employed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making false complaints by wife against husband, would have an adverse effect on reputation of husband and place in society, as he was working in a bank and was suffering from hearing impairment - Moreover, husband was looking after his 3 years old daughter alone after wife had left..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Petitioners who availed loan from Bank admitted their liability and undertook to deposit Rs.7 crores - However, petitioners issued four post dated cheques, which were dates beyond the date within which they had agreed to make payment, in compliance of..........
Indian Penal Code, 1860, Section 376, 452, 506(2), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Accused used to take victim to Kanpur for treatment and on the date of incident he stayed in a guest room where he committed rape with victim - Statement of victim u/s 164 Cr.P.C corroborated the statement given by victim as PW2 - Plea of false..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - False information provided by A-1 to PWs after the incident regarding whereabouts of deceased - Said information was an attempt to hide his guilt by de-railing search efforts that were being conducted - A-2 thereafter absconded and surrendered before Court only after coercive measures were..........
Indian Penal Code, 1860, Section 193 -- False evidence - Order to prosecute without recording finding regarding deliberate or intentional falsehood - Cannot be sustained...........
Indian Penal Code, 1860, Section 193 -- False evidence - No intentional falsehood uttered - The other relevant fact is that Returning Officer refused to receive nomination paper - However non acceptance as alleged, if a deliberate action, with a specific purpose, neither pleaded nor proved in the course of proceedings so as to penalise the appellant - Further, there is no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused admitted his guilt in social meeting but he finally refused to marry her - But prosecutrix did not make any complaint against accused and allowed him to make physical relationship with her - She made complaint only after engagement of accused for marriage with another girl - Therefore,..........
