Indian Penal Code, 1860, Section 468 -- Offence u/s 468 IPC - To attract S.468 IPC, it has to be shown that (i) document is forged; (ii) accused was the person who forged it; and (iii) in forging it he intended that it shall be for the purpose of cheating...........
Criminal Procedure Code, 1973, Section 190, 227 -- Cognizance of offence - Order setting aside discharge of accused - Loan transaction between two sisters and civil suit for specific performance was pending - Petitioner is neither a signatory to documents nor he is a witness - Allegation of forging signature stand disapproved by FSL report - No offence whatsoever is made..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Infertility/no, conception can never be a ground for annulment of marriage, if such spouse is a party of normal copulation in forging sexual relations...........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Annulment of marriage - Non-consummation of marriage due to abnormal vaginal cavity of wife - Couple lived together for more than 2 years - Husband failed to prove no, forging of sexual relations and also failed in establishing no, consummation of marriage - Moreover, medical experts gave positive evidence that wife was having..........
Service -- Reinstatement with back wages - Forging caste certificate for procuring employment - Caste certificate cancelled by State Level Scrutiny Committee which attained finality as it was not set aside by any Court - Order of reinstatement with back wages as held by Tribunal and affirmed by High Court set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit against company and its partners - Petitioner only a manager employee of company - Indeed, petitioner in his capacity as manager may be preparing account books and other documents of company - Even if accepted for sake of arguments that petitioner misappropriating funds or forging..........
Indian Penal Code, 1860, Section 467, 468, 471 -- Summoning order - Agreement to sell - Petitioner admits that agreement to sell which he executed with complainant was in the sum of Rs.2.22 lacs and property dealer `R' removed the second page of agreement to sell and replaced the same after forging complainant's signatures - Claim of complainant is fortified by what..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Report u/s 173 Cr.P.C. that accused after entering into conspiracy to select Panchayat Secretaries, against monetary consideration, committed forgery in various records and used forged record as genuine and destroyed the evidence to justify their illegal acts - Handwriting expert..........
Indian Penal Code, 1860, Section 448 -- Criminal trespass - Quashing of order taking cognizance - Allegation against petitioner of forging lease deeds in relation to property of trust are false in view of final report which is accepted by Trial Court, thus allegation of criminal trespass against petitioner cannot be sustained, as possession of building of trust has been..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Issue of 10 crores paid by complainant and his wife in cash to petitioners is the subject matter of trial - Both the parties are making allegations against each other for forging documents, viz, agreements, MOUs - But they do not have original documents in their possession - It is difficult to believe that..........
