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..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Expression 'lawful agreement or compromise' in Rule 3 - By lawful, it means not contrary to law, public policy or void ab initio or unlawful - Cannot include grounds like fraud, undue influence, coercion, by which decree can be avoided, treating it as voidable - Till it is avoided and displaced - Can be treated as lawful..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Authority of Receiver to effect sale of immovable property prior to the passing of the decree - Question of there being any embargo in the matter of sale of immovable property by receiver before passing decree does not and cannot arise - It is only in the case, where the Court feels it expedient that in the event..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Consent decree - Is binding upon the parties as a decree passed after contest if the same is not vitiated by fraud, misrepresentation, misunderstanding or mistake - Such a decree has the binding force of res judicata. (1992 Civil Court Cases 73 (SC) followed.)..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- `In writing and signed by the party' - Includes counsel and agent of the party - Counsel has the power to enter into compromise - This power has not been curtailed by any amendment in C.P.C. - Consent decree is binding on the parties if the same has not been vitiated by fraud, misrepresentation, misunderstanding or mistake...........
Civil Procedure Code, 1908, Section 2(2) -- Compromise/consent decree - Binding on parties as a decree passed after contest - Compromise/consent decree has binding force of res judicata if same not vitiated by fraud, misrepresentation, misunderstanding or mistake - Consent decree or order based on statements of parties recorded in Court - Not required to be registered -..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged as obtained by fraud and misrepresentation and that plaintiff never appeared before the Court at the time of passing of the decree and somebody else has allegedly made a statement on his behalf - Suit cannot be decided on the basis of preliminary..........
Consumer Protection Act, 1986, Section 2(g), 14 -- Complaint after accepting claim amount in full and final settlement - Mere execution of discharge voucher would not always deprive consumer from preferring claim with respect to deficiency in service or consequential benefit - If consumer satisfies the authority under the act that discharge voucher was obtained by fraud,..........
Specific Relief Act, 1963, Section 18 -- Non-enforcement except with variation - When the defendant sets up a variation then the plaintiff may have the contract specifically performed subject to the variation so set up only in cases of fraud, mistake of fact or misrepresentation or where the contract has failed to produce a certain legal result which the contract was..........
