Election Rules, 1961, Rule 4A, Representation of the Peoples Act, 1951, Section 33A(2), 33A(3), 125A -- Affidavit - After receipt of affidavit in Form 26 along with nomination papers from concerned candidate, Returning Officer concerned is required to affixing copy of said affidavit, at conspicuous place at his office for information of electors relating to constituency..........
Representation of the Peoples Act, 1951, Section 33A, 35 -- Scrutiny of nomination papers - A diligent voter or person aggrieved or complainant, while being interested to known educational qualification and other antecedent of candidate, after going through such affidavit of candidate, displayed by returning officer before scrutiny of nomination, can raise objection..........
Representation of the Peoples Act, 1951, Section 125A, Indian Penal Code, 1860, Section 181, 193, 199, 200, 417, 468, Criminal Procedure Code, 1973, Section 468, 469, 482 -- Quashing of complaint - Election petition - Limitation - Accused allegedly furnishing false education qualification information before Returning officer by submitting false affidavit - Affidavit of..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Where accused is residing at a place beyond the area in which Magistrate exercises his jurisdiction, it is mandatory on the part of Magistrate to conduct an enquiry or investigation before issuing process, so that false complaints are filtered and rejected...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - False implication - Accused failed to cite any incident of significance to prove that police authorities knew the accused prior to incident or accused and police authorities had some kind of grudge prior to incident due to which police falsely implicated the accused - On the contrary, it is..........
Civil Procedure Code, 1908, Section 44A, 35A -- Execution - Foreign decree for costs - Contention that costs imposed exceed the bar imposed by S.35-A CPC, order of English Court thus, not executable in India - Contention rejected, as Court that ordered costs is the High Court of justice of England, which is not governed by provisions of CPC - Moreover, no claim advanced by..........
Indian Penal Code, 1860, Section 376 -- Rape - False pretext of marriage - Accused allegedly committed forcible act of sexual assault on prosecutrix and continued to have sexual intercourse with prosecutrix on the pretext of marriage, consequently she conceived and delivered a child - Accused is the biological father of child born to prosecutrix - Absence of a medical..........
Indian Penal Code, 1860, Section 417 -- Cheating - Rape - False pretext of marriage - First incident was clearly an act of sexual assault perpetrated forcibly against prosecutrix - However, there is uncertainty as to whether subsequent acts of sexual intercourse were consensual or were based on deception played by accused on the pretext of marriage - Conviction u/s 417 IPC..........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 340 -- False evidence - Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution u/ss 199, 200 IPC - It must be shown that false statement was given intentionally in the judicial proceedings or false..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion by wife - Evidence on record establishes two acts of cruelty by wife; first leveling false allegations of adultery and the second allegation of harassing wife on account of dowry demand - More so, reason to withdraw from consortium as projected by wife is also false - Even otherwise,..........
