Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Quashing of summoning order - Cheating - Complaint filed for offences of fraud, abuse and extension of threat - Complainant and his witnesses were examined u/ss 200, 202 Cr.P.C - They are in corroboration with complaint and on basis of these evidence collected during enquiry by..........
Stamp Act, 1899, Section 40 -- Insufficiently stamped document - Imposition of 10 times penalty by Collector - Cannot be based on mere factum of evasion of duty - Reasons such as fraud or deceit in order to deprive Revenue or undue enrichment are relevant factors to arrive at a decision as to what should be the extent of penalty...........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Where subject matter of an agreement between parties fall within S.17 of Contract Act or involves fraud in performance of contract, which amount to deceit being a civil wrong, subject matter of such agreement would certainly be arbitrable - Merely because a particular transaction may..........
Court Fees Act, 1870, Section 7(iv) -- Court fee - Suit for declaration of title, permanent injunction as well as declaring sale deed as null and void - Plaintiff is a party to transaction, who is trying to avoid sale deed by alleging that same was got executed by playing fraud - Order directing plaintiff to pay ad valorem Court fee is proper...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7 -- Senior citizen - Claim by mother from daughter - Allegations that daughter grabbed property of mother by playing fraud and in respect of that a civil suit is also pending between parties - Daughter is liable to maintain her mother and her husband, as daughter and her husband both are working -..........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
Registration Act, 1908, Section 17, 18, Power of Attorney Act, 1882, Section 4 -- Power of attorney - Unregistered - Execution of sale deed by unregistered power of attorney holder - There is no hurdle that unregistered power of attorney holder cannot execute sale deed unless and until there is a case of fraud established against the executor and if no allegation of fraud..........
Registration Act, 1908, Section 32(a) -- Registration of document - Presentation through Power of Attorney holder - Sale deeds - No allegation of fraud made by executor of Power of Attorney against petitioner/Power of Attorney holder - Sub-Registrar is therefore, under obligation as per S.32 of the Act to satisfy himself that document was executed by person by whom it is..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Senior citizen - Transfer of property in favour of major children - Wife of senior citizen on basis of forged Power of attorney (POA) transferred property of senior citizen in favour of their children - Properties in question are self acquired properties of senior citizen and he had exclusive..........
