Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 471, 420 -- Quashing of FIR - Cheating - Accused being Secretary issued appointment letter to 50 persons on a condition of introducing at least 15 students to Foundation for educational loan - He cannot be said to have created a false document dishonestly and fraudulently - No offence is made..........
Criminal trial -- Defence version of false implication - When defence version is of false implication then prosecution is required to explain each and every material circumstance/contradiction which came on record...........
Indian Penal Code, 1860, Section 376, 511 -- Rape of 10 years old girl - Identity of accused not disputed - Presence of accused at the place on the date and time of incident also proved on record - False implication of accused not shown - Statement of victim reliable and corroborated by testimony of PWs and medical evidence - Seizure of articles from room of accused lends..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Entire evidence on record suggest that deceased was assaulted by firearm causing his death - However, postmortem report of deceased shows that no firearm injury or any injury caused by sharp cutting weapon was found on the dead body of deceased - Medical evidence not corroborating ocular evidence - There was enmity..........
Indian Penal Code, 1860, Section 193, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(2) -- False evidence - Jurisdiction of Rent Control Court - Rent Control Court is not empowered to initiate prosecution for offence u/s 193 IPC on allegation that false evidence is given during course of proceedings...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Educated and issue less wife - No specific prayer and pleadings made by wife in her written statement regarding permanent alimony - Wife aborted her child without permission of husband and his parents and thus, committed cruelty - False FIRs were lodged by wife against husband - Thus, wife is not entitled to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(d), 323, 452 -- Quashing of order - Order summoning accused - Gang Rape - No material on record that accused committed rape upon prosecutrix - Except from bald assertions of prosecutrix that all accused raped her, there was nothing which could led the Courts to form a opinion that it is a fit..........
Evidence Act, 1872, Section 3 -- False claim of title - In a false claim of title, production of series of tax receipts cannot improve the case of plaintiff...........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - False claim of title - Unregistered sale deed, not reliable - Injunction cannot be granted on basis of such document...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 420 IPC - Dispute relating to receipt of cheque - Said dispute is of civil nature as necessary ingredients of S.415 IPC are not made out and no false representation was made - Proceedings quashed...........
