Civil Procedure Code, 1908, Order 39, Rule 4 -- Vacation of ad interim injunction - Notice of application U.O.39.R.4 not issued to plaintiff so as to get its response thereon - Ad interim injunction vacated as plaintiff found to be have made a false or misleading statement in relation to a material particular - Held, in case plaintiff had knowingly made false or misleading..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Contempt of Courts Act, 1971, Section 2(b) -- Eviction of tenant sought u/s 13-B of Act of 1949 - Eviction ordered - Eviction order of Rent Controller affirmed with the dismissal of revision petition, SLP and curatitive petition filed by tenant - During execution proceedings tenant filing frivolous objections one..........
Contempt of Courts (CAT) Rules, 1992 -- Rr.7 & 13 - Criminal contempt - Witness giving false evidence before C.A.T. - Criminal contempt neither registered nor numbered separately - No charge(s) framed - Held, Tribunal has to follow procedure prescribed under rules 7 & 13 of Contempt of Courts (C.A.T.) Rules, 1992 which are mandatory - Conviction set aside...........
Contempt of Courts Act, 1971, Section 2(c) -- Criminal contempt - Giving false statement in Court - Contempt proceedings be initiated in exceptional circumstances if Court is of the opinion that perjury has been committed by a party deliberately to have some beneficial order from the court...........
Indian penal Code, 1860, Section 464, 465, 467, 468, 471 -- Execution of sale deed by a person who has no title over the property - It is fraudulent act of cheating and not execution of a false document - When it is not execution of false document there can be no forgery...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 26 -- Airlines - Air ticket - Frivolous complaint - Allegation that despite confirmation of ticket he was not given reply for confirmation of return ticket and he had to purchase another ticket for his return journey from Athens to Delhi by spending Rs. 37,500/ - The complainant has not mentioned in the complainant..........
Indian Penal Code, 1860, Section 211 -- False charge of offence - Petitioner-accused falsely charged complainant advocate of having committed an offence and initiated preceding before Bar Council of India - Alleged false charge must relate to commission of an offence in order to attract S.211 IPC - Neither proceedings before disciplinary Committee of Bar Council of India..........
Indian Penal Code, 1860, Section 463, 464, 465, 466 -- Forgery for the purpose of cheating - Person submitting application to obtain passport giving incorrect particulars with regard to age, residence, etc. and was able to obtain passport on the verification of particulars by the accused (police officer) - No evidence that accused entered into conspiracy with the applicant..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Husband sought divorce on ground of cruelty, alleging that she had filed false criminal complaint against him which constitutes mental cruelty - Reference to criminal complaint of wife shows no more than fact that when case came up for consideration before Sub Divisional Magistrate, wife was not even present and..........
Maxim -- Falsus in uno, falsus in omnibus - Does not apply in criminal cases in India - A witness may be partly truthful and partly false - Court has to separate the falsehood from the truth...........
