Evidence Act, 1872, Section 138 -- Cross examination of defence witness by informant - On the plea of juvenility - Permissibility - Murder case - Accused was absconding for almost 15 years and thereafter while facing trial, raised a plea of juvenility - Informant/victim challenged the plea of juvenility as fraudulent and manipulative on the strength of various documents -..........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer of immovable property with an intention to defeat or delay the creditors - Such transfer is void...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer of immovable property subsequent to attachment of property with intent to defraud the creditors of suit property - Said transaction is fraudulent transaction and is void...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - A compromise forming the basis of a decree can only be questioned before the same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred by O.23.R.3A CPC - Expression `not lawful' used in O.23.R.3A CPC covers a decree based at a..........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute an offence of cheating intention to deceive should be in existence at the time of inducement -Mere failure to keep up promise subsequently cannot be presumed to be cheating - Subsequent conduct of accused is relevant to infer that whether he had fraudulent or dishonest intention at the inception i.e when the..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep up promise subsequently cannot be presumed as an act of committing cheating - Subsequent conduct of accused is also a relevant factor to infer whether he had fraudulent or dishonest intention at the inception i.e. when offence was committed...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409, 465, 471, 477A -- Criminal misconduct - Misappropriation of money by using forged documents and falsifying accounts - Prosecution has to specifically allege and prove the dishonest and fraudulent intention of accused in order to attract all the alleged offences as in the..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Creation of fraudulent Will and its registration - Will in question also subject matter of civil suit - Civil suit decreed but appeal thereagainst pending - Civil Court had not framed the issue as to whether will was created fraudulently - Held, there is no bar on simultaneous proceeding in the civil as well as..........
Agreement to sell -- Sale by attorney in favour of his relatives - Attorney exercising powers commensurate with authority so assigned - There was no bar of alienation by the principal through attorney in favour of any person - Merely because transaction by attorney is in favour of his relations does not ipso facto be termed as a fraudulent one...........
Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F, Section 166B -- Revision - Suo motu revisional powers exercised after 50 years of fraudulent revenue entries made - Government allowed disputed land for housing sites in year 1991 and issued notice regarding fraudulent entry as late as in year 2004 - Suo motu revision after long lapse of time even in absence of any..........
