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Affidavit could only be considered as piece of evidence, when statute permits so

High Court of Allahabad Boney Kapoor and Ors. v. State of U.P. and Ors. MANU/UP/1018/2017 08.05.2017 Criminal Affidavit could only be considered as piece of evidence, when statute permits so Applications under Section 482 of Code of Criminal Procedure, 1973 (Cr.PC) have been filed with prayer to quash proceedings of Criminal Complaint Case pending before Additional Chief Judicial Magistrate, under Section 51 read with Section 63 of Indian Copyright Act, 1957 and Section 403 read with Section 120-B of Indian Penal Code, 1860 (IPC), and summoning order as well as bailable warrant issued and non-bailable warrant passed by Additional Chief Judicial Magistrate. Complaint was filed on basis of infringement of copy right. As was evident in instant matter, script "Raja Bhai IPS" is said to be prepared by opposite party No. 2, (complainant) and same is said to have been sent to Applicants for filmisation. Case of complainant is that, Applicants did not make film, when op...

Imposing penalty for filing a false or misleading affidavit

Appeal was filed by the petitioner before the Hon'ble Supreme Court in the matter of M/s Sciemed Overseas Inc. Versus BOC India Limited & Ors. SLA (C) NO. 29125 OF 2008. The matter relates to a tender issued by Rajendra Institute of Medical Sciences, Ranchi to which Sciemed Overseas Inc. & BOC India responded. Subsequently BOC filed a representation to RIMS and then to the High Court complaining that Sciemed Overseas had not fulfilled the conditions of the technical bid. has been awarded the contract when they have not fulfilled the required terms. While the matter was pending before the Hon'ble court, the tender was awarded to Sciemed Overseas. Thereafter when BOC went before the High Court objecting to the award, the same was initially dismissed by the Hon'ble Court. BOC then appealed before the Hon'ble Supreme Court. While the appeal was pending the petitioner informed the court the among other things more than 85% of the work has been completed. Due to thi...