Fraud -- Proof - To be proved akin to a criminal charge even if plea in this regard is raised in civil proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Fraud - Plaint bereft of ingredients of fraud - Plaint cannot be rejected when suit is not filed only on the ground of fraud...........
Family Courts Act, 1984 -- Civil Court decree acknowledging family settlement - Challenge as to - Plea of fraud - Once plaintiffs asserting that decree is result of fraud, they had always right to challenge the same - Courts below not correct in holding that plaintiffs had no right to challenge the consent decree during life time of their father, as decree is not a sale..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - In order to thwart execution of compromise decree, JD is required to make out a case that compromise decree is vitiated by fraud, misrepresentation, misunderstanding or mistake...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Advocate not duly authorized by Vakalatnama - Vakalatnama filed by Advocate not in consonance with O.3.R.4 CPC - Writ petition drafted and filed by Advocate in the name of petitioners without their being any authority - Petitioners not appointed `A' as recognized agent and without any authority, claiming herself to Pairokar of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint filed by playing fraud upon Court by making concealment of relevant facts from Court - Plaint rejected...........
Civil Procedure Code, 1908, Section 151 -- Oral compromise - Suit dismissed as withdrawn - Recall of order - Plaintiff was persuaded to withdraw their suit on being induced by sheer misrepresentation which was not intended to be acted upon by defendant - Plaintiff believed the defendant and abandoned his suit - For making false representation or inducing somebody to do a..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Order can be recalled not only in case of proved fraud, but same can be recalled by Court, ex debito justitiae, if it is satisfied that withdrawal of suit was engineered by defendants by deceit which would include constructive fraud, inducement and misrepresentation...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Recall of order as same alleged to be vitiated by fraud and misrepresentation - Fraud vitiates all proceedings - When fraud is played on Court, appropriate remedy is to approach the same Court to apprise the Court the manner in which fraud has been played -..........
