Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Execution of a sale deed in excess of one's authority does not per se amount to creation of a false document within the meaning of S.464 IPC - If what is executed is not a false document, there is no forgery - If there is no forgery, then prosecution for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought on the ground that fact relating to proposed amendment could not be typed due to inadvertence on the part of counsel as well as typist concerned - Amendment disallowed by holding that on the basis of such contention, amendment of pleading cannot be allowed - Held, trial Court has examined the..........
Indian Penal Code, 1860, Section 420, 166, 167, 463, 464, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner, Sub-Divisional Officer, exercising jurisdiction under Rajasthan Tenancy Act and Land Revenue Act alleged to have conspired with other accused persons and got mutation in name of plaintiff for wrongful gains - No allegations made in FIR that..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Exercise of power by High Court - Held, though powers of High Court to re-assess evidence and to reach its own conclusions are as extensive as in an appeal against an order of conviction, yet as a rule of prudence, it should always give proper weightage and consideration to views of trial Judge as to..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Held, husband not liable to pay maintenance to child - Impugned order granting maintenance to child set aside - Appeal allowed...........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Cruelty - Dowry demand - Absence of specific allegation of cruelty or harassment against petitioner Nos.3 to 6 - Statement of witnesses recorded by Magistrate u/s 202(2) Cr.P.C were general in nature -..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Cruelty - Mere allegation of hurling abuses cannot be termed to be cruelty within meaning of S.498-A IPC - Complaint is highly belated and appears to be instituted because of failure of complainant in her attempt to re-enter her matrimonial home - Held, proceedings..........
Criminal Procedure Code, 1973, Section 354, 386 -- Order imposing sentence - Interference with - Held, imposition of sentence is in realm of discretion of Court - Unless sentence is found to be grossly inadequate, appellate Court would not be justified in interfering with discretionary order of sentence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - While considering application for amendment, normally the merit of case is not to be examined - A party may have a weak case on merit - However, if amendments are necessary in order to decide the real controversy between parties, then amendment application cannot be rejected...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - In order to succeed, all that accused needs to do is to create a shadow of doubt in the mind of Court as regards the correctness of the trial Court's decision...........
