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Search Results for "false averments"

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High Court

High Court of Bombay Disposes Three Criminal Applications in Matrimonial Dispute Seeking Quashing of FIRs. Accusations Involve IPC, POCSO Act, and Juvenile Justice Act Allegations Between Family Members.

3 Jul 2026

The High Court of Judicature at Bombay dealt with three interconnected proceedings arising from a matrimonial dispute between a husband (Prakash Hotch...

High Court

High Court Quashes FIR in Criminal Petitions Under BNSS, 2023 Due to False Allegations of Physical Relationship on Pretext of Marriage. Petitioners Acquitted as Proceedings Deemed Abuse of Process

19 Jan 2026

The High Court of Karnataka heard two criminal petitions filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking to quash a...

High Court

Bombay High Court Quashes FIR and Charge Sheet in Rape Case Based on Promise of Marriage — Consensual Relationship Between Adults Not Constituting Offence Under Section 376 IPC. The court held that allegations of rape based on a false promise of marriage must be examined in the context of the parties' marital status, the duration of the relationship, and the complainant's conduct, and that the FIR was an abuse of process.

28 Feb 2025

The petitioner, a 58-year-old US citizen, challenged the FIR and charge sheet alleging rape under Section 376 IPC based on a promise of marriage. The ...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

Supreme Court

Supreme Court Quashes Perjury Complaint Against Appellant in Bail Cancellation Proceedings — Mere Denial of Averments Does Not Constitute False Evidence Under Section 193 IPC. The Court held that a denial of allegations in an affidavit, without any positive false statement, does not amount to giving false evidence under Section 191 IPC, and the High Court's direction to file a complaint under Section 193 IPC was not warranted.

1 Jan 2024

The Supreme Court allowed the appeal filed by James Kunjwal against the order of the High Court of Uttarakhand at Nainital, which, while dismissing a ...

Supreme Court

Supreme Court Allows Appeal in Criminal Complaint for Alleged False Affidavit Under Representation of People Act — High Court Erred in Not Quashing Summoning Order as Complaint Did Not Disclose Offence Under Sections 420, 465-471 IPC. The Court held that the essential ingredients of cheating and forgery were not made out as the complaint did not allege any fraudulent or dishonest intention to deceive the Election Commission.

28 Apr 2023

The present appeals arise from a private complaint filed by the respondent-complainant before the learned ACJM, Hoshiarpur, alleging offences under Se...

High Court

High Court of Karnataka Upholds Revocation of Probate in Succession Act Case Due to Suppression of Material Facts and Lack of Jurisdiction. Probate Granted Without Notice to Legal Heirs and Without Proper Verification of Will Execution is Liable to be Revoked Under Section 263 of Indian Succession Act, 1925.

3 Feb 2020

The appeal was filed by Jagjeevan Prasad against the judgment and order dated 09.02.2016 passed by the Principal District Judge, Kalaburagi, in Civil ...

High Court

Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

25 Jan 2019

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...

High Court

SUIT (L) NO. 204 OF 2017.

16 Jun 2017

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High Court

Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

5 May 2017

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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