Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 196 using evidence known to be false Page 1 of about 574 results (0.075 seconds)

Smt Latha Rajanikanth Vs. State Of Karnataka

Court : Karnataka

..... ; (b) (i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or 25 section 476, of the said code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or (iii) of any criminal ..... using evidence known to be false. ..... using evidence known to be false. ..... section 196 deals with using evidence known to be false and section 199 deals with false statement made in declaration which is by law receivable as evidence. ..... section 196 makes the user of that evidence becoming liable for punishment whoever corruptly uses or attempts to use it as genuine evidence which he knows to be false or fabricated. ..... the words in relation to under section 195(1)(b(i) appear to encompass situations wherein false evidence has been fabricated prior to being produced before a court of law, for the purpose of being used in proceedings before the court. .....

Manian Transports and Others Vs. S. Krishna Moorthy, Income-tax Office ...

Court : Chennai

Reported in : [1991]191ITR1(Mad)

..... section 193 of the indian penal code, 1860, deals with punishment for intentionally giving false evidence. ..... complaint instituted by the respondent who is the income-tax officer, circle i(1), thanjavur, alleges commission of offences by the petitioners punishable under sections 193, 196 and 420 of the indian penal code and under sections 276c(1) and 277 of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the assessment year 1973-74. 3. ..... it is said in ratanlal's edition of the indian penal code in connection with the comments on the word `person' used in section 11, indian penal code, that it will not include a limited company and the authority is given of an ..... the learned judge referred to the definition of the word 'person' in sections 2 and 11 of the indian penal code and section 3(42) of the general clauses act, and held that despite the generality of the definition of a 'person' given in section 11 of the indian penal code, a corporate body or a company shall not be indictable for offences which can be committed only by a human individual or for offences which must be punished ..... cannot be proceeded against for offences under sections 193, 196 and 420 of the indian penal code.' 51. ..... a case where a private limited company along with its officers was prosecuted for offences under sections 403, 406 and 420, indian penal code. ..... section 196 deals with corruptly using any evidence as genuine which he knows to be false or ..... of the partnership deed are not known. .....

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... - (4) any proceeding before any authority referred to in this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code (45 of 1860). ..... :-(a) to enter the said building, or place with such assistance of police officers as may be required ;(b) to search the same and to place identification marks on such books of account or other documents found therein as, in his opinion, will be relevant to or useful for any proceedings under the act and to make a list of such books or documents with particulars of the identification marks thereon;(c) to examine such books or documents and to make copies of or extracts from such books or documents. ..... it was further observed in this case that :"such guidance may thus be obtained form or afforded by (a) the preamble read in the light of the surrounding circumstances which necessitated the legislation, taken in conjunction with well- known facts of which the court might take judicial notice or of which it is appraised by evidence before it in the form of affidavits (kathi raning rawat v. ..... the petitioner categorically charges that the inspecting income-tax assistant commissioner (respondent no.3) made a false report to the commissioner as a result of which the search and seizure followed. ..... the commissioner and the said assistant commissioner only deny that the said assistant commissioner made any "false report", meaning thereby that he did make a report. .....

Assistant Provident Fund Commissioner, Vs. M/S Kanya Kubj Lime Works

Court : Madhya Pradesh

..... and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code (45 of 1860). ..... (2) the officer conducting the inquiry under sub/section (1) shall, for the purposes of such inquiry, have the same powers as are vested in a court under the code of civil procedure, 1908 (5 of 1908).for trying a suit in respect of the following matters.namely : (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; w.p.no.13175.12 (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses, ..... provident fund appellate tribunal set aside the order dated 29/02/2008 passed by the assistant regional provident fund commissioner under section 7a of the employees provident fund and miscellaneous provisions act, 1952 (for short 'act').that in pursuance to enquiry report dated 11/10/1995, the respondent establishment was proceeded against under section 7a of the act for assessment of dues for the period from october, 1995 to october, 2001 and .....

Shyni Varghese and ors. Vs. State (Govt. of Nct of Delhi) and anr.

Court : Delhi

Reported in : 147(2008)DLT691

..... (b)(i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or(iii)of any criminal ..... --whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine,and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. ..... . first, a look at the definition of complaint as set out in section 2(d) and the explanationn thereto, which are reproduced hereunder:'2(d) 'complaint' means any allegation made orally or in writing to a magistrate, with a view to his taking action under this code, that some person, whether known or unknown, has committed an offence, but does not include a police report .....

Rama Rao P. and ors. Vs. Controlling Authority Under P.G. Act and Alc( ...

Court : Andhra Pradesh

Reported in : 1996(2)ALT406; (1998)IIILLJ114AP

..... be ajudicial proceeding within the meaning ofsections 193 and 228, and for the purposesof section 196 of the indian penal code, 1860(45 of 1860)(7) any person aggrieved by an order under sub-section (4) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate government or such other authority as may be specified by the appropriate government in this behalf provided that the appropriate ..... the necessity for enacting periods of limitation is to ensure that actions are commenced within a particular period firstly to assure the availability of evidence, documentary as well as oral, to; enable the defendant to contest the claim against him; secondly to give effect to the principle that law does not assist a person who is inactive and sleeps over his rights by allowing ..... the legislature could not but have been conscious of this distinction when using the words 'discharged from all liability' in an article purporting to prescribe rights and immunities of the ..... section 15, rules have been framed and the relevant rules with which we are concerned are - 7, 8, 9 and 10 which are as follows :'7) application for gratuity:--(1) an employee who is eligible for payment of gratuity under the act, or any person authorised in writing, to act on his behalf shall apply, ordinarily within thirty days from the date the gratuity became payable, in form 'i' to the employer:provided that where the date of superannuation or retirement of an employee is known .....

Subhash Ramchandra Durge Vs. Deepak Annasaheb Gat and anr.

Court : Mumbai

Reported in : 2001(5)BomCR235; 2000CriLJ4774

..... (b)(i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in ..... 1037 of 1994, filed complaint dated 16th july, 1994 against original complainant subhash ramchandra durge and his other two partners of laxmi borewell company under section 211 read with section 34 of the indian penal code in the court of the judicial magistrate, first class, inchalkaranji and after referring to the proceedings initiated by the complainant subhash ramchandra durge with respect to the compressor and the entire ..... hand, initially private complaint was lodged by the complainant subhash ramchandra durge, accused herein, under section 407 read with section 34 of the indian penal code against the present complainant ramesh gat and his brother and driver. ..... section 195 of the code of criminal procedure, 1973 deals with the provisions with respect to prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence ..... the present case, the complaint is filed by a private complainant and not by the court though it is only that the finding is given by the court that the complaint is false and it also issued show cause notice under section 250 of the code of criminal procedure, 1973.8. mr. ..... evidence .....

Swarnlata Devi Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : [2006(4)JCR648(Jhr)]

..... -(1) no court shall take cognizance-(a)(i) of any offence punishable under sections 172 to 188 (both inclusive) of the indian penal code (45 of 1860), or(ii) of any abetment of, or attempt to commit, such offence, or(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate:(b)(i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely. ..... sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub ..... revenue petitions, the petitioner has used and produced before the revenue courts some affidavits etc creating false and forged signatures and l.t.is. ..... wholly without basis and cognizance taken on 27.7.2004 was beyond the jurisdiction of the court below as whatever documents have been filed for perusal of the different courts have been accepted by those courts and used in due process of law. .....

Shree Rama Multi-tech Ltd. and anr. Vs. Asset Reconstruction Company ( ...

Court : Gujarat

Reported in : (2007)2GLR1230

..... proceeding before the tribunal or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code (45 of 1860) and the tribunal or the appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974).section 24 of the act of 1993 provides that provisions of the limitation act, shall, as far as may ..... discharging their functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents;(c) receiving evidence on affidavits;(d) issuing commissions for the examination of witnesses or documents;(e) reviewing its decisions;(f) dismissing an application ..... the clause-6 to the object and reasons for enactment of amendment act of 2004, learned senior advocate shri trivedi submitted that the intention of the legislation should be gathered from the plain language of the section used. ..... it was urged that word used 'may' signifies the intention of the legislature inasmuch as though it is not compulsory for the bank or financial institution to withdraw such an application and it would be open for the bank or financial institution to maintain .....

D.P. Metals Vs. State of Rajasthan

Court : Rajasthan

Reported in : [2001]121STC311(Raj); 2001(4)WLC115; 2000(3)WLN445

..... him on oath or affirmation ;(b) compelling the production of documents ; and(c) issuing commission for examination of witness ; and the proceeding before the said officer or authority shall be deemed to be a judicial proceeding within the meaning of sections 193, 196 and 228 of the indian penal code (central act xlv of 1860).'88. ..... the purpose of divulging detailed information about the goods carried out by the transporter and about the consignor and the consignee itself at the check-post or barrier to any authorised officer under section 78 as part of machinery provision for collecting evidence about goods coming in or going out of or moving within the state, can be considered as intended to prevent and check evasion and avoidance of tax and in aid of making effective the ..... a reasonable opportunity of being heard and after having held such enquiry as he may deem fit, shall impose on him for possession or movement of goods, whether seized or not, in violation of the provisions of clause (a) of sub-section (2) or for submission of false or forged documents or declaration, a penalty equal to the amount of five times of the tax leviable on such goods or thirty per cent of the value of such goods, whichever is less. ..... pradesh : [1954]1scr1122 , the court said that a threat by the state of realise tax from the assessee without authority of law by using coercive machinery of the impugned act was a sufficient infringement of fundamental right under article 19(1)(g) of the constitution.35. .....