Criminal Procedure Code, 1973, Section 200 -- Complaint by public servant - Examination of public servant - If Magistrate has reason to believe that even a public servant acting in discharge of his official duties should be examined in a particular case to guard against false implication and prosecution of innocent persons, he has every power to direct examination of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Malafide and dishonest conduct - Litigant not entitled to any accommodation to thwart implementation of legal orders against him - Tenant before Rent Controller concocted a false story that he was in possession of demised shop on basis of some agreement to sell - Even, tenant did not furnish..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false cases against husband - Lodging of criminal cases on unsubstantiated allegations against husband and/or husband's family members amounts to cruelty...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Magistrate did not consider it necessary to proceed on police report u/s 173(2) as accusations were false and issued notice to complainant as to why final report by police be not accepted - Complainant filed protest petition which was registered as a complaint case - Magistrate after..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false and frivolous complaint against husband by wife - FIR in question filed by wife against husband, prima facie cannot be held to be false, frivolous or vague, as trial is still going on - No court of law has come to conclusion that said FIR was a false one - Plea of husband rejected - Divorce..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Unnatural offence - Testimony of victim supported by medical examination - Though there was no injury or no mark of violence, but other findings were there to come to conclusion that intercourse had happened - Plea of false implication rejected, as not proved -..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of commissioner - Objection - Plaintiff was not present at the time when Panchnama was prepared and Panchnama also does not bear signature of plaintiff - Panchnama as well as report is false and fabricated - Order rejecting objections set aside - Trial Court is directed to issue fresh commission in the matter...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Prima facie victim was subjected to molestation as well as rape and unnatural intercourse by accused fully knowing that she belongs to SC community after giving false promise of marriage - Merely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 313, 493, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Section 3(2)(v) -- Bail - Rape - False promise of marriage - Victim being a major girl with sound mind - There seems to be no question of anyone being in a position to induce her into a physical..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 386, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused and prosecutrix are in their forties and accused was already married and on false promise of marriage he committed rape and solemnized marriage with prosecutrix and continued to live as her husband for some time - Both..........
