Evidence Act, 1872, Section 3, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 114, Prevention of Corruption Act, 1988, Section 12, Prevention of Corruption Act, 1988, Section 12, Criminal Procedure Code, 1973, Section 340 -- False case - Enquiry - False case registered against accused - Accused acquitted - Special..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Refusal - Prosecution case as against accused/petitioners cannot be said to be false or baseless - Prosecution has been initiated for having caused wrongful gain to accused persons and a heavy loss to the people at large as a big chunk of their land has been leased out illegally for an inordinate long period..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Plea that summons not served - Process server proved his report according to which summons of petition was served upon petitioner himself - Signatures of petitioner on summons served upon him for appearance in ejectment petition were duly proved - No suggestion put to process server that he..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - If Court is satisfied that a suit is filed with mala fide intention and with ulterior motive by incorporating pleadings in the plaint which are false to the knowledge of the..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- A person who has obtained an order from a Court, on the basis of pleading of facts which are false to his own knowledge, without making the person who is actually targetted a party to the proceeding..........
Civil Procedure Code, 1908, Section 35A -- Compensatory costs - Unless the compensatory costs is brought to a realistic level, the present provision authorizing levy of an absurdly small sum by present day standards may, instead of discouraging such litigation, encourage false and vexatious claims - Legislature may consider award of `punitive costs' under section 35A CPC...........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193 -- Concealing factum of filing of exactly similar petition - Intentionally made false statement in affidavit that no such or similar petition had earlier been filed - However, similar petition had earlier been filed and dismissed - It is an offence punishable u/s 193 IPC - Registrar..........
Criminal Procedure Code, 1973, Section 340 -- False statement made in Court intentionally - Appellant stated that he does not a person `D' whereas he had filed election petition assailing the election of `D' and had also filed an appeal thereagainst - Appellant educated and a person of high status and having experience in litigation also - Prosecution of appellant is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 504, 506 -- Summoning order - Quashing of - Entire facts indicate that complainant had enough reason to implicate applicants in false and fabricated case - Entire story has been cooked up by complainant - Ex parte statement made on oath in Court of a Magistrate - Held, on the basis of such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - If injunction is granted on the basis of false pleadings or forged documents, then Court must impose costs, grant realistic or actual mesne profits and/or order prosecution - This must be done to discourage the dishonest and unscrupulous litigant from abusing the judicial system - Court has..........
