Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Challenged on the ground of fraud - Petitioners contended that they were directed over phone to appear before Adalat on the very next day and when they appeared they were forced into compromise - However, petitioners themselves admit that there was no coercion for their appearance and they were..........
Medical education -- NEET-UG course - When a seat is rendered vacant through fraud, an obligation is cast upon authorities to restore that seat to next eligible candidate as per merit list - To allow a seat to remain wasted due to administrative inaction or lethargy, is a subversion of very purpose of NEET-UG examination that was to facilitate systematic organization of..........
Fraud -- In the event of fraud being committed by any person threefold actions are provided for an aggrieved person i.e : (i) "an aggrieved person may file a complaint to prosecute persons under criminal Law; (ii) such person is entitled to approach civil Court for establishing his civil rights; and (iii) he can approach competent authorities for cancelling registered..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of bail - Bail order can be cancelled if it was procured by misrepresentation or fraud...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed, declaration and permanent injunction - Sale deed in question executed in favour of defendant Nos. 1 & 2 while playing fraud and misrepresentation without paying sale consideration to plaintiff - It cannot be said that suit has been filed without any cause of action -..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Non-arbitrable agreement - When an allegation of fraud is made with regard to arbitration agreement itself, such a dispute is generally recognised as a dispute in the realm of non-arbitrability - Court will examine it as a jurisdictional issue only to enquire whether dispute has become..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question involved a huge amount of Rs.14,08,000 - Plea of fraud taken by accused in his reply to application u/s 143-A of the Act has not been examined deeply or if noticed not been appreciated by Courts below by recording reasons - Order directing payment of..........
Evidence Act, 1872, Section 126 -- Professional communications - Court can ask for truth, it cannot compel a lawyer to disclose what law expressly protects, in the absence of a clear finding that lawyer is conspiring in a fraud committed during employment...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 65(1), 64(2)(M), 61, 96, 137(2), 318(4), 338, 336(3), 340(2), 67, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(L), 6 -- Bail - Rape - True age of prosecutrix was suppressed by preparing a forged Adhaar Card - FIR lodged at the instance of applicant side..........
Auction sale -- Setting aside - Auction and its subsequent confirmation have not been shown to suffer from any material irregularity, mistake or fraud as contemplated u/s 38 of Revenue Recovery Act - Auction purchaser paid full purchase amount on the day of sale and sale was confirmed only after due procedure and in the absence of any valid challenge - Issuance of sale..........