Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife had no intention to cohabit with husband - However, it is specifically stated in the divorce petition that wife left matrimonial home at the stage of pregnancy and subsequently she delivered a female child - If really such allegation is true, wife would not have..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Various baseless allegations levelled against wife, which are totally false - Wife always ready and willing to live with husband along with her child - Husband failed to prove alleged grounds of divorce - Divorce petition rightly dismissed...........
Indian Penal Code, 1860, Section 376, 420 -- Rape - False promise of marriage - Prosecutrix already stood married and without getting it dissolved, insisting upon getting married to accused - She is not only older in age to accused but she is well settled in life and drawing good salary, whereas, accused still a student and had not settled in life - Prosecution failed to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 171(F), 171(G), 420, 468, 471 -- Quashing of FIR - Offence u/ss.171(F), 171(G), 420, 468, 471 - Accused furnished false information regarding his children while contesting election - Does not constitute offence of cheating - Even, if offence was covered by S.171 IPC which is furnishing false..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 192, 193, 194, 199, 211 -- Quashing of proceedings - Offence u/ss 192, 193, 194, 199, 211 IPC - In the instant case, Court convicted son and acquitted wife for murder of deceased - Aggrieved by decision sister of deceased fabricated false evidence against wife of deceased to deceive her - Sister..........
Indian Penal Code, 1860, Section 376 -- Rape - Plea of accused that site plan prepared by police official was false and fabricated - Not tenable as it cannot be considered as a leading factor to rule out entire case of prosecution when other material factors regarding commission of crime otherwise corroborate with each other to establish guilt of accused...........
Prevention of Corruption Act, 1947, Section 5(1)(c), Indian Penal Code, 1860, Section 467, 471, 477A -- Abuse of official position with intention of availing pecuniary benefits - Accused misappropriated Government money by making false documents and by making false payment to labourers by forged LTI's - However, prosecution failed to establish that accused abused their..........
Indian Penal Code, 1860, Section 325, 452 -- Offence u/ss 325, 452 IPC - False implication - Occurrence duly proved on the basis of statement of injured and eye-witness account - Ocular version duly supported and corroborated by medical evidence, apart from statements of remaining PWs who had completed the investigation of case - Plea of false implication rejected -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acquittal of husband in a criminal case filed by wife - Case filed by wife cannot be called as a false case, as such, acquittal of husband not a ground of cruelty for husband to get divorce...........
Practice and procedure -- False and frivolous defences are not bonafide disputed questions of fact which require trial...........
