Indian Penal Code, 1860, Section 363, 367, 342 -- Abduction - Prosecutrix aged more than 41 years, earlier, left the house at her own will and went alongwith accused - Thereafter again prosecutrix left the house at her own will and lived with accused and a concocted and false story of abduction is knitted afterwards - No case is made out against accused - Accused rightly..........
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3) -- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Police investigation - Complaint u/s 138 of the Act has to be in writing and should be filed and signed by payee or holder in due course as the case may be before concerned Court - There is thus, no scope to refer the case for police investigation or enquiry - Exception engrafted in S.142 of the..........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 420, 406, 467, 471, 120B -- Criminal breach of trust - Grant of bail - Accused and complainant are directors ofthe same company - Allegation of complainant that accused persons applied for loan on his false signature and manipulated the accounts of the company - In reply, accused stated..........
Indian Penal Code, 1860, Section 363, 376(2)(g) -- Kidnapping - Gang rape of minor girl - Testimony of prosecutrix - Prosecutrix categorically deposed that she was raped by both the accused turn by turn - She was over-powered by two grown up men and absence of any mark of injury is not a ground to disbelieve her - Delay of FIR properly explained - No motive for false..........
Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 7, 13 -- Cheating - Illegal gratification - No evidence on record as to giving and taking of bribe or even of involvement of any of accused - PWs stated that they are not acquainted with accused as they did not conduct any enquiry at the end - Even I.O also stated that there was..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations cannot by itself raise an inference of cruelty but allegations that assassinate the character and conduct of a spouse, as are sufficient to traumatise a spouse, must necessarily raise an inference of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false criminal cases against husband - Not only amounts to mental cruelty to husband but also causes harassment and loss of reputation particularly when husband is acquitted from such cases - Divorce rightly granted to husband...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Filing of false affidavit - High Court directing prosecution of deponent u/s 195 IPC, initiating proceedings for contempt of Court and S.21 of Company Secretaries Act - Wrong averments in affidavits was unintentional - Deponent filed an affidavit tendering unconditional apology for unwitting conduct of filing..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Provision of S.156(3) Cr.P.C. is discretionary and not mandatory as application has to be supported by an Affidavit - It is because once an affidavit is found to be false, deponent will be liable for prosecution in accordance with law - This will deter from casually invoking the authority of..........
