Agreement to sell -- Suit for specific performance - Fraud and misrepresentation - Plea of vendee that vendor misrepresented about quality of land and played fraud on him - No evidence to show that property was of inferior quality - Vendee not recommending for termination of agreement - After execution of agreement there was also payment of balance consideration amount -..........
Consumer Protection Act, 1986, Section 2(1),(g), Telegraph Act, 1885, Section 9 -- Telegram - Delay of five days in delivery - Compensation of Rs.1,463/- for taxi charges and Rs. 1,000/- as compensation for mental agony allowed by the District Forum - Held that as no allegation of malice or fraud has been made in the complaint against any officer or official of the..........
Motor accident -- Compensation - Award passed - Appeal not filed and award became final - Subsequently it was found that claimants did not receive injuries in accident but it was due to fall of tractor in the pit - Application filed u/s 151, 152 and 153 CPC to recall the order, dismissed - Writ petition also dismissed - Held, no Court or Tribunal can be regarded as..........
Fraud -- Practised upon Court - Order becoming final - Recall of order - Held, no Court or tribunal can be regarded as powerless to recall its own order if it is convinced that the order was wangled through fraud or misrepresentation of such a dimension as would affect the very basis of the claim...........
Civil Procedure Code, 1908 -- Sale - Setting aside - (i) Material irregularity and fraud in publishing or conducting the sale (ii) Applicant has sustained substantial injury by reason of such an irregularity or fraud and (iii) Sale will not be set aside on a ground which could have been taken before the date of drawing up the proclamation of sale - The provisions of..........
Consent decree -- It is as good as contested decree so far it is not set aside - Such a decree can be challenged only on the ground of fraud or misrepresentation - Limitation is three years...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Not liable to be set aside unless J.D. sustained substantial injury by reason of such irregularity or fraud - Irregularity must be a material irregularity - Inadequacy of price realised in sale must be proved to have been caused by reason of material irregularity or fraud - Reduction of upset price for want of bidders..........
Consent decree -- A party to the consent decree cannot challenge the same on ground of non-registration - He can challenge the decree only on the ground of fraud or that it was passed by court of incompetent jurisdiction...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife employed as a teacher - Her services got terminated by husband - Uncharitable conduct of the husband is nothing but a great negligent on his part - This is equivalent to fraud on process of law...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3 -- A-Application to recall order passed on compromise on allegations of fraud and misrepresentation - Not within purview of Section 151 to examine merit and demerit of rival contentions - Compromise entered into by committing fraud or misrepresentation is a voidable act and not void ab initio - Till these..........
