Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 547 days in filing petition to set aside ex parte decree - False ground set up to condone delay of 547 days in filing petition to set aside ex parte decree - There is no sufficient cause to condone delay as sought for -..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife averred that she has no source of income whereas she was being paid fellowship by the University Grants Commission - Stand taken by wife was false to her knowledge - Sufficient material on record to show that wife had adequate source of income, whereas there was no material placed on record to..........
Indian Penal Code, 1860, Section 182 -- Offence u/s 182 IPC - Complaint to Vigilance Bureau that Bank Manager demanded bribe for passing loan - FIR not registered - On an enquiry conducted by police, complaint was found to be false - It is only after registration of a case, allegations made by accused can be held to be genuine or false - No offence u/s 182 IPC is made out..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Family Court can examine factual foundation of criminal action instituted by wife and examine it for limited purpose whether allegations on face of it, appears to be fake or concocted so that aspect of `cruelty' can be decided...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Wife lodged complaints which became foundation of criminal cases after started living separately from her husband - Court below raised serious doubt regarding genuineness of complaint lodged by wife - No amount of pleading or argument were advanced by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Hurling of false accusation which ended in acquittal of husband, amounts to cruelty against husband within meaning of S.13(1)(ia) of the Act - Divorce rightly granted in favour of husband...........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of eye witnesses - Eye witnesses PW3 & PW4 reached place of occurrence simultaneously and there is discrepancy between their statements regarding manner of incident - Both the eye witnesses are closely related to prosecutrix, their testimony could be doubtful on this count also and they could give false..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Allegations alleged in complaint asserted to be false and accused denied of taking loan - Fact of taking loan can only be decided after parties adduce evidence - Petition for quashing dismissed...........
