Prosecute Litigants who indulge in filing false claims in Courts invoking Section 209 IPC: Delhi HC
9 years, 2 months ago

Prosecute Litigants who indulge in filing false claims in Courts invoking Section 209 IPC: Delhi HC

Live Law  

Delhi High Court, on Friday, called upon the Courts to invoke Section 209 of the Indian Penal Code in appropriate cases against the litigants who indulge in false claims. Justice J.R. Midha of Delhi High Court said that the litigants indulge in false claims because of the confidence that no action will be taken. The Court then heard the counsels on the scope of Section 209 of IPC and passed an elaborate judgment on the same Need for invoking Section 209 IPC Section 209 of the Indian Penal Code, is a salutary provision enacted to preserve the sanctity of the Courts and to safeguard the administration of law by deterring the litigants from making the false claims. Procedure to complain 'offence' under Section 209 IPC Explained Whenever a false claim is made before a Court, it would be appropriate, in the first instance, to issue a show cause notice to the litigant to show cause as to why a complaint be not made under Section 340 CrPC.

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History of this topic

Delhi High Court clears public servant in negligence case, cites belated sanction
2 months ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today  

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains
7 months, 2 weeks ago

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains

Live Law  

While quashing a perjury proceeding against a litigant, the Supreme Court on Tuesday laid down the yardsticks which should be fulfilled for initiating proceedings for the offence of perjury under Section 193 of Indian Penal Code, 1860.The bench comprising Justice BR Gavai, Justices Sanjay Karol and KV Viswanathan was deciding an appeal preferred by a litigant against the decision of. …

Delhi court directs police to take action against woman for false rape complaint
8 months ago

Delhi court directs police to take action against woman for false rape complaint

Hindustan Times  

New Delhi, A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores. Delhi court directs police to take action against woman for false rape complaint Additional Sessions Judge Shefali Barnala Tandon also …

Marital Rape: Delhi High Court Reserves Judgment In Petitions Challenging Exception To Sec. 375 IPC
3 years, 1 month ago

Marital Rape: Delhi High Court Reserves Judgment In Petitions Challenging Exception To Sec. 375 IPC

Live Law  

The Delhi High Court on Monday reserved it's judgment in a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape. Accordingly, in the affidavit, Centre stated that: "It is respectfully reiterated that if the matter which is pending …

No Provision To Punish Creditors Filing False Claims Under IBC: Delhi High Court Issues Notice To IBBI, MCA
3 years, 2 months ago

No Provision To Punish Creditors Filing False Claims Under IBC: Delhi High Court Issues Notice To IBBI, MCA

Live Law  

The Delhi High Court has issued notice on a petition for framing of regulations under the Insolvency and Bankruptcy Code, 2016 for enforcing Section 15 thereof read with Regulation 6 of CIRP Regulations 2016, which states that "Submission of false or misleading proofs of claim shall attract penalties".The petition filed by Advocate Dr. Arun Mohan states that the Code does …

Delhi High Court Issues Notice On MJ Akbar's Plea Against Priya Ramani's Acquittal In Criminal Defamation Case
3 years, 7 months ago

Delhi High Court Issues Notice On MJ Akbar's Plea Against Priya Ramani's Acquittal In Criminal Defamation Case

Live Law  

The Delhi High Court today issued notice on an appeal preferred by former Union Minister MJ Akbar, challenging the acquittal of journalist Priya Ramani in the criminal defamation case filed by him over the "metoo" sexual harassment allegations made by her.Justice Mukta Gupta issued notice to the Respondent and fixed the case for hearing on January 13, 2022.The Court heard …

Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court
3 years, 8 months ago

Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that in the absence of any allegation of deception, false promise, or inducement at the time of the transaction, merely the breach of undertaking to repay the loan in the manner claimed cannot be a basis for conviction under Section 420 of the Indian Penal Code. A bench of Justice Anubha Rawat Choudhary, while …

Charge Of False Accusation U/S 211 IPC Can Be Made Against De Facto Complainant & Not Against Investigating Officer: Madras High Court
4 years, 1 month ago

Charge Of False Accusation U/S 211 IPC Can Be Made Against De Facto Complainant & Not Against Investigating Officer: Madras High Court

Live Law  

The Madras High Court has held that an officer who conducted investigation or filed a final report pursuant to filing of a criminal complaint cannot be prosecuted under Section 211 of IPC for making false accusations, in case of acquittal of the accused. The Court further made it clear that the language used under Section 211 regarding false charge can …

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]
6 years, 8 months ago

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code.A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the …

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]
6 years, 8 months ago

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code.A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the …

Delhi HC Directs Trial Court To Proceed Against Prosecutrix Who Filed False Gang-Rape Complaint [Read Judgment]
7 years, 7 months ago

Delhi HC Directs Trial Court To Proceed Against Prosecutrix Who Filed False Gang-Rape Complaint [Read Judgment]

Live Law  

The Delhi High Court recently directed the Trial Court to proceed against a prosecutrix for leveling false allegations of gang-rape against two Delhi-based doctors.While the Court acknowledged that “ordinarily no woman would falsely implicate someone in a rape case owing to social stigma attached to the offence”, it noted that it has come across false rape charges “when someone tutored. …

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]
8 years, 2 months ago

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]

Live Law  

The Supreme Court, in Saloni Arora vs. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a …

Prosecute Litigants who indulge in filing false claims in Courts invoking Section 209 IPC: Delhi HC
9 years, 2 months ago

Prosecute Litigants who indulge in filing false claims in Courts invoking Section 209 IPC: Delhi HC

Live Law  

Delhi High Court, on Friday, called upon the Courts to invoke Section 209 of the Indian Penal Code in appropriate cases against the litigants who indulge in false claims. Justice J.R. Midha of Delhi High Court said that the litigants indulge in false claims because of the confidence that no action will be taken. The Court then heard the counsels …

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