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...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false and frivolous case by wife - Husband and his family members acquitted in proceedings u/s 12 of PWDV Act - Allegations levelled by wife are therefore, false and frivolous and this itself constitutes cruelty against husband - Divorce petition allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false case by wife - Wife made false allegation against husband regarding his mental condition - She also lodged an FIR for the same - Later on wife again lodged a report against husband and i, laws after just 3 days of her return from her matrimonial house - In support of all these she had..........
Indian Penal Code, 1860, Section 304 -- Offence u/ss 304 Part-II, 34 - Custodial death - Quantum of sentence - Accused are police personnel whose duty is to act in accordance with law - They fudged General Diary Register of police station to put up defence and has taken false plea of alibi - Even false memo was prepared by accused no.2 sending deceased to hospital when he..........
