Consumer Protection Act, 1986, Section 14,15 -- Deficiency in Service - Allegation of forgery and fraud - Plea that excess amount of Rs. 250/- charged from the appellant complainant for optional warranty at the time of purchase of Refrigerator whereas he did not opted for the same and option on Warranty Registration card were forged - No deficiency on the part of OP..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plea of fraud - When once the plea of fraud is rejected, no injunction can be granted...........
Consumer Protection Act, 1986, Section 14 -- Air tickets - Refund - Cheating/fraud - Alleged on the part of OP - Held that cheating/fraud is not within the jurisdiction of the CP Act - If the complainant/appellant feels cheated by OP he should file a complaint before the appropriate authority/ court of competent jurisdiction...........
Civil Procedure Code, 1908, Section 100 -- To confer jurisdiction on High Court under S.100 CPC a substantial question of law is sine qua non - High Court interfered with fact finding entered by First Appellate Court on question of undue influence, fraud etc. in execution of sale deed - Trial Court dismissed but lst appellate Court decreed the suit - No substantial..........
Consumer Protection Act, 1986, Section 17 -- Ex parte order - Review/recall of order - Application for alleging fraud - Held that the remedy for the applicant was to challenge the order in appeal if so advised and not by way of filing the present application - Application dismissed as not maintainable...........
Civil Procedure Code, 1908, Section 151 -- Fraud & cheating - Plots allotted by Society even though it had no title whatsoever over the property - Matter referred to the jurisdictional police to investigate it and to prosecute persons who were members of the committee of management of Society during relevant time...........
Agreement to sell -- Suit for specific performance - Contention of seller that agreement to sell was obtained by fraud - Plea belied by finding of fact that seller executed deed for consideration with knowledge - Held, concurrent finding of fact - Cannot be interfered with...........
Hindu Law -- Partition - Re-opening - Principles governing (1) It can be re-opened if it is obtained by fraud, coercion, misrepresentation or undue influence (2) When there are minor coparceners it is binding on minors also if it is done in good faith and on bona fide manner keeping into account the interests of the minors (3) When there are minors and partition is unjust..........
Partition -- Validity of partition deed - Suit for partition filed based on partition deed executed in favour of one of the brothers - Plaintiff admitting that it was obtained by fraud and misrepresentation and that the first defendant son was given suit property absolutely under the Will executed by father giving only life interest to his wife - Held, partition deed null..........
Limitation Act, 1963, Civil Procedure Code, 1908, Section 151 -- Limitation - Order obtained by playing fraud on the Court - Same is nullity and can be challenged at any stage and Court can recall it even under its inherent powers...........
