Criminal Procedure Code, 1973, Section 294, Evidence Act, 1872, Section 3 -- Rape - Plea of false implication due to property dispute - Permission sought to play a CD recording conversation of complainant and others with regard to dispute - Application of defence allowed to play the CD in question to enable the public prosecutor to admit or deny, and to get it sent to the..........
Criminal Procedure Code, 1973, Section 294, Evidence Act, 1872, Section 3 -- Rape - Plea of false implication due to property dispute - Permission sought to play a CD recording conversation of complainant and others with regard to dispute - Application of defence allowed to play the CD in question to enable the public prosecutor to admit or deny, and to get it sent to the..........
Indian Penal Code, 1860, Section 419, 420, 467, 468 -- Cheating and forgery - Civil dispute between parties - Sale of property jointly owned - If any person is aggrieved by false assertions made in the sale deed, it is the vendee and not complainant - Ingredients to constitute the offence are lacking - Civil suit is already pending between party - Question of title over..........
Service -- Recovery of excess pay and allowances - Challenge as to - Stepping up of pay scale on strength of order of High Court - Appellants claimed benefit only on basis of parity and did not make any false statements to secure the same - Appellants have rendered their services for the period in question and thus not at any fault on their part - Therefore, excess..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Allegation made by wife against husband that he was having illicit relationship with his sister - It caused cruelty to husband - Besides the specific act of mental cruelty by making false allegations against sister of husband, wife also filed various complaints u/s 498-A IPC or under PWDV Act - In..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 13 quintals and 20 kgs poppy husk - False implication - Accused in his statement u/s 313 Cr.P.C. has not taken any plea that accused was not in conscious possession of contraband - Accused only pleaded that a false case has been foisted against him - Plea rejected as it is highly improbable..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Suit based on various bills and purchase orders, which have been placed on record - Defendant signed and acknowledged the receipt, amounts payable and contents of such bills raised by plaintiff enumerating all contractual obligations including payment terms agreed between parties, taking..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 167 -- Sanction for prosecution - Offence u/s 167 IPC - False inquiry report knowingly prepared by public servants - Respondents are government servant, who conducted inquiry into allegations made by petitioner - Offence u/ss 166 & 167 IPC has a direct nexus with commission of criminal misconduct..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 380, 506 -- Kidnapping and rape - Accused acquitted viz: (i) inordinate delay in lodging FIR unexplained, which raises doubt on credibility of prosecution case and chance of false implication; (ii) All witnesses except formal witnesses produced by prosecution are interested hence, their evidence cannot be relied upon;..........
Indian Penal Code, 1860, Section 498A, 406, 120B -- Offence u/ss 498-A, 406, 120-B IPC - Matrimonial dispute - Quashing of proceedings - Complaint lodged against husband, his family members including maternal grandfather of husband who is more than 80 years of age - Parties lived at Canada - No incident ever took place in India except their marriage - Complainant fully..........
