1) Questions and answers on law (Part 72 )
However, in the present case, there is no admitted claim, and the controversy concerns the application of the principle of accord and satisfaction in light of the claimant’s letter dated 16th October 2018 and the discharge voucher signed under protest. I have already recorded reasons that the said letter and the discharge voucher cannot be
It is relevant to note that the claimant claimed a sum of Rs.1,41,516/- towards property damage from the Insurance Company of the offending vehicle. The claimant was examined as PW1. In the cross examination, he states that he has received the entire amount towards the damage of the property from his Insurance company. Admittedly, damaged
In the case on hand, since, as I have already pointed out, the offence of forgery of Exs. A2 and A3 was committed outside the Court, even before they were produced before the Court, there can be no impediment for the police to register a case. When it was pointed out by this Court to
Thus from cumulative perusal of the judgments cited on either side including the one rendered by the Constitution Bench of this Court, it could be deduced that the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the Rule and refusal is the exception so as to ensure that
Why this question mattersCivil judges increasingly encounter forged documents, fabricated seals, and engineered “fraud on the court” designed to siphon public money or manipulate rights. The immediate civil response is clear: refuse or recall relief obtained by fraud. But a connected and difficult question is: can the civil court itself trigger criminal prosecution,
The petitioners raised one more objection that impugned directions would result into registration of two independent proceedings for one and the same offence, as directions are given to Collector to lodge FIR/police report and further directions are given to Assistant Superintendent of Court to file separate complaints with Judicial Magistrate. This Court finds that aforesaid
Criminal Procedure – Forged Documents – Filing of – Section 215(1)(b) of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Present petition filed by advocates challenging the Reference Court’s order directing the District Collector to lodge an FIR and the Assistant Superintendent of Court to file complaints against claimants and advocates for offences related to forged
Criminal Procedure – Forgery – Complaint against advocate – Section 379 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Present petition filed by advocate challenging directions of Reference Court to lodge FIR and file complaints against him and claimants for offences related to forged documents used in land acquisition reference proceedings – Whether the Reference