Service -- Increments granted on account of an error - Recovery after retirement - Excess payment was made due to a mistake in interpreting Service Rules which was subsequently pointed out by Accountant General - It is not contended that on account of misrepresentation or fraud played by appellant, excess amounts have been paid - Therefore, an attempt to recover excess..........
Constitution of India, 1950, Article 226, 227 -- Cancellation of leases - Challenge on ground that order of cancellation is bad in law - Said Order, elaborately details the material irregularities in procedure committed by Tehsildar and also fraud, while granting or obtaining leases - Failure to conduct proper enquiries before grant of the leases - Therefore, action of..........
Evidence Act, 1872, Section 102 -- Cancellation of gift deed on the ground of undue influence or fraud - Burden of proving undue influence or fraud always lies upon plaintiff...........
Criminal Procedure Code, 1973, Section 482 -- Permission to travel abroad - Default by borrower - Issuance of Look Out Circular - Merely looking at quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by borrower/guarantor - More so when no criminal case alleging fraud has even been filed against borrower/guarantor - Suspicion cannot..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Execution - Stipulation to pay interest @ Rs.18% per annum contained in award cannot by itself be said to be unreasonable - It cannot be said that award put in execution is opposed to public policy, illegal or vitiated by fraud...........
Agreement to sell -- Plea of fraud and forgery - Burden of proof - Defendant contended that burden of proof of fraud and forgery has been wrongly placed upon defendant - Contention rejected, as once plaintiff has proved the agreement to sell, issue of wrong onus does not arise...........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Consent obtained by fraud amounts to no consent and therefore, if intercourse is done with consent but obtained by fraud, it would amount to rape...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between parties, indulging into a sexual relationship and ultimately ending into a breakup - Prosecutrix continued to engage in sexual relationship with accused for a long period of 2 years - No evidence on record to show or suggest that right from inception, intent of accused was to..........
Fraud -- Vitiates all actions...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Where offences of forgery and fraud are applied in a case, bar of delay in lodging FIR would not always be considered as a ground to terminate proceedings at the inception when there is strong prima facie evidence to prosecute..........
