Civil Procedure Code, 1908, Section 151 -- Oral compromise - Suit dismissed as withdrawn - Recall of order - Plaintiff was persuaded to withdraw their suit on being induced by sheer misrepresentation which was not intended to be acted upon by defendant - Plaintiff believed the defendant and abandoned his suit - For making false representation or inducing somebody to do a..........
Evidence Act, 1872, Section 3 -- Related/interested witness - Relationship is not a factor to affect credibility of a witness - It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent person - Foundation has to be laid if plea of false implication is made...........
Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Sexual assault of two minor girls by their step father - Plea of false implication - Accused stated that complainant/mother of victims planted a false case upon her as she wanted to live with someone else and he opposed the same - Complainant admitted her marriage with said person thereby lending..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- Offence under SC/ST Act - Directions issued for safeguards against arrest and false implications: (i) No absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny complaint is found to be prima facie mala..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- Scope - An Act to promote constitutional values of fraternity an integration of society - This may require check on false implications of innocent citizens on caste lines...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false cases by wife - Husband specifically admitted that in both the proceedings filed by wife under Protection of Women from Domestic Violence Act and u/s 125 Cr.P.C., orders are passed in favour of wife and husband directed to pay maintenance to wife and allow her to reside in his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Lodging false complaints by wife against her i, laws which resulted in police investigations held to be acts of cruelty - Divorce rightly granted to husband...........
Evidence Act, 1872, Section 3 -- Related and interested witness - Courts have to be cautious while evaluating evidence of interested/related witness to exclude possibility of false implication - Relationship can never be a factor to affect credibility of witness as it is always not possible to get an independent witness...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - False criminal case u/s 498-A IPC filed against husband by wife which resulted in acquittal of husband, which itself amounts to cruelty - Moreover, parties had no physical relationship for more than 7 years - It would be futile exercise to restore marriage between parties when their..........
