Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Admittedly,`K' and `S' were owner of land - `SK' claimed that `K' and `S' executed collaboration agreement which is claimed by complainant to be forged document - Moreover, `SK' executed agreement for allotment of flat..........
Agreement to sell -- Suit for specific performance - Plea of bonafide purchaser - Appellant/defendant alleged that he is a bonafide purchaser of suit property and agreement set up by plaintiff is forged and fabricated document - Defendant being subsequent vendee cannot be held to be a bonafide purchaser, given the fact of close relationship - Courts below rightly held..........
Evidence Act, 1872, Section 102 -- Burden of proof - Forged power of attorney - Plaintiff who executed Power of attorney in favour of defendant has nowhere pleaded that she was a pardanasheen illiterate lady - Burden of proof rest on shoulders of plaintiff to establish that Power of Attorney was a forged document - High Court committed error by disturbing the concurrent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs claiming to be in possession of property for the last 20 years - No document is on record as to ownership and title of plaintiff - Only one document i.e notice of encroachment was produced by plaintiff that too for the first time before High Court - Ration card shown by plaintiff also..........
Criminal Procedure Code, 1973, Section 340, 195 -- Forgery or forged document - Mere incorrect statement in vakalatnama would not amount to create a forged document and it cannot be reason for exercising jurisdiction u/s 340 Cr.P.C for issuance of direction to lodge criminal complaint against accused...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - Document in question was not forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - It cannot be said that document in question was forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C..........
Indian Penal Code, 1860, Section 468 -- Offence u/s 468 IPC - To attract S.468 IPC, it has to be shown that (i) document is forged; (ii) accused was the person who forged it; and (iii) in forging it he intended that it shall be for the purpose of cheating...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence in rebuttal - Dismissal of application - Without making any comment whatsoever on either merits of controversy between the parties, or even with regard whether the document is a genuine or forged/fabricated document or has been obtained by fraud, which is a matter left to be decided by trial Court on..........
