Evidence Act, 1872, Section 92 -- Proviso - Scope - Oral evidence - First proviso to S.92 permits any fact which may prove which would invalidate any document such as fraud, intimidation, illegality, want of due execution can be led into evidence...........
Indian Contract Act, 1872, Section 17 -- Fraud - Feigned ignorance about nature of document - Cannot be said to be an instance of fraud...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed was obtained by practicing fraud and undue influence and therefore be declared as void - Fraud vitiates every solemn act - Finding rendered by trial Court that gift deed was brought about by practicing fraud and undue influence is unassailable and calls no interference - Order of lower appellate..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - If an executant of a document seeks any relief with reference to such document on ground of fraud, then he must get such document cancelled or set aside before he can claim such relief, being a party to the same - However, a person not party to any document, is not bound to have it set aside or cancelled -..........
Caste certificate -- Verification - Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Defendant admitted his signatures on pronote and receipt - Plea that signatures were obtained fraudulently - No evidence on record to indicate perpetuation of any fraud and misrepresentation - Decretal of suit calls for no interference...........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Two contrary reports of finger print experts on record both by plaintiffs and defendants regarding consent decree which was challenged by plaintiff - It had been alleged that some bogus person had appeared on behalf of plaintiff - Case was thus, based on fraud - Opinion given by independent expert or from a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 418, 405, 467, 468, 471, 474, 120B, 34 -- Anticipatory bail - Cheating - Fraudulent misappropriation of funds - Serious allegations against accused of fraudulent misappropriation of amounts intended to be paid by company to farmers affected by work of road widening being undertaken by..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Petitioner had right to file recall application in case order was obtained on basis of compromise by practicing fraud and compromise application was not filed by him...........
Succession Act, 1925, Section 263 -- Revocation of probate - Plaintiffs claiming that deceased obtained probate of Will by playing fraud by not disclosing about other legal heirs of deceased, thus Will be declared null and void ab initio and illegal - This power vests not in civil Court but probate Court in terms of S.263 of the Act - Since plaintiffs have applied for..........
