Contract Act, 1872, Section 17, Limitation Act, 1963, Article 57 &59 -- Cancellation of document obtained with fraud - To save land from Ceiling Law defendant No.2 counselling plaintiff to transfer his agricultural land by way of will and obtaining plaintiff's thumb impression on blank papers and forging a gift deed and deed of adoption in favour of defendant No.1 and..........
Departmental Enquiry -- Dismissal - Charge of forging the signatures of arms magistrate for issuing of gun licence - Document demanded by the petitioner was not produced before the inquiry officer - Arms magistrate who was material witness not examined - Opinion of the handwriting expert not produced - Entire departmental proceedings vitiated - Moreover petitioner..........
Criminal Procedure Code, 1973, Section 438 -- Charge of cheating - Wrongful loss and forging certificates of University - Anticipatory bail sought on ground that case is based on documents which are in possession of police - All documents not in possession of police - Bail refused...........
Indian Penal Code, 1860, Section 120B, 406, 420, 467, 468, 471 -- Charges under - Manager of Bank forging Drafts - Other accused receiving amount thereunder - Material on record constituting ground to presume that accused committed offence - Trial on such charge cannot mean harassment - No case for quashing charges...........
Criminal Procedure Code, 1973, Section 195, 340, 482 -- Forging a false will - Probate proceedings pending - FIR u/s 420 IPC lodged - Quashing of FIR - FIR cannot be quashed as Court can file a complaint for the offence on the basis of the FIR (filed by the aggrieved private party) and the materials collected during investigation, provided it forms the requisite opinion..........
Circumstantial evidence -- If chain of circumstantial evidence is complete then absence of proof of motive is inconsequential - However, if motive, as a circumstance is relied by the prosecution for forging the chain of circumstantial evidence, then the prosecution is burdened with the responsibility of proving the same...........
Criminal Procedure Code, 1973, Section 451 -- Sapurdari - By forging documents accused got tractor transferred in his name - FIR u/ss 467, 471 & 420 IPC - Tractor ordered to be given on Sapurdari to its owner...........
Indian Penal Code, 1860, Section 408, 468, 477A -- Criminal breach of trust - Accused head of purchase section of Company - Charge that he manipulated official records and documents and sold 660 empty barrels and appropriated value thereof - Trial Court convicted accused recording finding of falsification of documents, forging railway receipts and misappropriation of sale..........
Service -- Teacher - Misconduct of forging signature of Education Officer in service record - Dismissal from service - Tribunal substituting punishment with stoppage of one increment with future effect - High Court upholding Tribunal's decision but directing stoppage of two increments with future effect - Held, both Tribunal and High Court's order not sustainable - In the..........
Indian Penal Code, 1860, Section 465, 468, 420 -- Allegation that by forging a document public were induced to purchase - Held, forgery is the principal allega-tion and cheating a consequential offence - If forgery goes cheating cannot stand...........
