Civil Procedure Code, 1908, Order 41, Rule 27, 28, 29 -- Additional evidence at appellate stage - Plea of fraud - Report called from Principal City Civil Judge - Appellate Court may permit additional evidence to be produced either oral or documentary, if conditions mentioned in O.41.R.27 are satisfied and thereafter procedure U.O.41.Rr.27, 28 & 29 is to be followed -..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - No case of JDs that there was any material irregularity or fraud in publishing or conducting sale - Objection was that decree was obtained by fraud - Application rightly dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Where subject matter of an agreement between parties fall within S.17 of Contract Act or involves fraud in performance of contract, which amount to deceit being a civil wrong, subject matter of such agreement would certainly be arbitrable - Merely because a particular transaction may..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7 -- Senior citizen - Claim by mother from daughter - Allegations that daughter grabbed property of mother by playing fraud and in respect of that a civil suit is also pending between parties - Daughter is liable to maintain her mother and her husband, as daughter and her husband both are working -..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud or collusion - Decree passed on basis of which mutation was sanctioned - Original owner of suit property never objected decree or mutation in favour of defendants in his lifetime and admitting claim of defendants in said suit in which compromise decree was passed - He of his own..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Decree for possession - Once plea of collusion, fraud and fabricated settlement taken by defendant No.1 while objecting execution, has already been tested up to Supreme Court unsuccessfully, it was beyond powers of trial Court to have stayed the execution based on same plea - Impugned order of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or consent decree - Can be got set aside on one of grounds on which a contract can be set aside namely if obtained by fraud, misrepresentation or `coercion' with an additional ground in favour of minors or persons of unsound mind...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
