Contempt of Courts Act, 1971, Section 2(c), Constitution of India, 1950, Article 129, 215 -- Criminal contempt - Held, filing tampered copy of impugned order and false affidavit in Court amounts to criminal contempt...........
Criminal Procedure Code, 1973, Section 195, 340 -- Prosecution for perjury - Validity - Held, prosecution for perjury is required only where perjury appears to be deliberate and conscious and conviction is reasonable, probable or likely - In present case, complaint filed after about 4 years on basis of mere impression that deposition on affidavit by respondent is false -..........
Indian Penal Code, 1860, Section 195, 193, 199, 200 -- Municipal election - Affidavit accompanied by declaration alleged to be false - Complaint u/ss 193 & 200 IPC not filed by Returning officer - Complaint at the instance of respondent is not maintainable even when a request is made to the Returning Officer to file complaint but that request is not accepted as it is the..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit of petitioner in evidence..........
Criminal Procedure Code, 1973, Section 482, Representation of the Peoples Act, 1951, Section 125A, 79(b), 32, 33, 33A -- Criminal proceedings - Quashing of - Affidavit contained a false averment and the Form 2A filed with nomination contained false statement, suppression of his previous conviction in a criminal case, was the basis of a complaint from returning officer, on..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 376 -- Rape - Leave to appeal against acquittal - No corroboration to statement made by prosecutrix - Huge number of improbabilities in her statement - To remove doubts, no independent witness was produced in Court - Offence alleged to have been committed in a busy place - No explanation as to why..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193 -- Concealing factum of filing of exactly similar petition - Intentionally made false statement in affidavit that no such or similar petition had earlier been filed - However, similar petition had earlier been filed and dismissed - It is an offence punishable u/s 193 IPC - Registrar..........
Criminal Procedure Code, 1973, Section 227, 195(1)(b)(ii), Indian Penal Code, 1860, Section 199, 467, 468, 471 -- Framing of charges - Petitioner stood surety for accused, even though accused was unknown to petitioner - Petitioner thus was not competent to furnish bail for accused - Petitioner filed false declaration as well as false affidavit in support of said..........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1) -- Banking service - Credit card - Unfair trade practice - False affidavit in evidence - Punitive damages - Instead of prosecuting the appellant, who filed affidavit which contained palpably wrong averments on the face of it due to which complainant had to suffer harassment and mental agony for pretty long time,..........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 340 -- Filing of false affidavit - Application u/s 340 Cr.P.C. by husband for prosecution of wife for filing false affidavit - Order passed thereon that the same will be considered after final disposal of the main petition - No decision taken on the said application nor these allegations taken..........
