Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed challenged being result of fraud, mis-representation and collusion and consequential relief of permanent injunction claimed restraining defendants from alienating, selling or transferring the suit land - Court fee payable is ad valorem on sale consideration of sale deed...........
Complaint -- Fraud and forgery - Allegation of - Agreement for purchase of row house - Some amount paid by respondent by cheque - Appellants offered to purchase the shares owned by respondents to be adjusted as part payment for the sale of row house - Shares handed over by respondents alongwith blank transfer forms to appellants - Dispute concerning one transaction of 300..........
Insurance claim -- Exclusion clause - Fire accident - Repudiation - Ground that loss resulted from spontaneous combustion which was one of the excluded risks - Insurance company issuing only cover note - Policy was issued after filing of the complaint - Such a practice nothing short of a fraud being played by the insurance company on the insured - Exclusion clauses..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Delay of more than 20 years - No evidence of illegality or fraud - Petition dismissed on ground of hopeless delay...........
Fraud -- Judgment and decree obtained by playing fraud upon Court is a nullity and non est in the eye of law...........
Limitation Act, 1963, Section 17 -- Fraud - Limitation - Starts to run when fraud is discovered...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 17, Article 127 -- Limitation Act does not make any distinction between a mere application to set aside sale in execution of decree and an application to set aside sale on ground of irregularity or fraud - They are governed by Art.127 - Application when based on fraud limitation starts to run only..........
Agreement to sell -- Suit for specific performance - Agreement alleged to be result of fraud and that loan was taken and the same is repaid - Agreement signed not only by defendant but by his literate son also - No question of fraud - No reliable evidence that defendant has taken loan and repaid it - Notice issued before filing suit for specific performance - No reply..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Setting aside - Sale cannot be set aside merely on irregularity in publishing or conducting sale - Sale can be set aside if there is material irregularity or fraud in conducting or publishing the sale and there is irreparable injury...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Suit for dissolution of partnership and accounting - Applicant alleging to be a partner in business - Documents produced prima facie show that applicant was also partner in business - Different partnership deeds found regrading same business - Possibility of fraud or collusion regarding partnership..........
