Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
Bank -- Net Banking fraud - Siphoning of Rs.Thirty lakhs - School never approached bank for net banking facility - Account of school tagged with personal account of school principal - Bank rendered themselves liable by enabling net banking facility by linking the individual account of School's Principal to the School's account - Complicity of Principal of school not found..........
Negotiable Instruments Act, 1881, Section 138, 118(g) -- Dishonour of cheque - Holder of cheque - A holder of a cheque is entitled to the benefit of legal presumption u/s 118(g) of the Act that he came into possession of the instrument in due course unless it is shown to have come to the custody of the possessor by means of an offence, fraud or other unlawful means -..........
Bank guarantee -- Invocation - Law as to - Bank guarantee is an independent contract between bank and beneficiary and bank is always oblige to honour its guarantee as long as it is an unconditional and irrevocable one - Dispute between beneficiary and party whose instance bank has given guarantee is immaterial and is of no consequence - There are however, exceptions to..........
Bank guarantee -- Invocation - Contract of supply of plant and equipment - Bank guarantees in question were unconditional, specific in nature and limited in amount - Terms of guarantee categorically covered money which respondent had advanced against supply of plant and equipment - Said guarantees covered by loss and damage caused to or suffered by respondent in due..........
Hindu Marriage Act, 1955, Section 13B, 25(2) -- Divorce by mutual consent - Any party seeking variation in terms and conditions of divorce can resort to provisions of S.25(2) of the Act, or to any other remedy, but decree of divorce must remain intact, unless fraud, undue influence or coercion is proved...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Application u/s 11 of the Act - Plea of limitation - Once consent has been given by petitioners before Court that they would not mind if matter is decided again to decide issue as to whether judgment and decree was obtained by fraud or collusion..........
Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60, 61, 65(1) -- Alleagtion of fraud - Power of NCLT - NCLT has jurisdiction to enquire into allegations of fraud...........
Special Marriage Act, 1954, Section 25(iii) -- Declaration of marriage as a nullity on ground of fraud - Consent of wife for marriage obtained by fraud and coercion - No evidence led by wife that her consent for marriage was obtained by fraud and coercion - As regarding no, consummation of marriage by husband, same is not a ground u/s 25(iii) of the Act - But even..........
Tripura Land Revenue and Land Reforms Act, 1960, Section 136, 188 -- Execution decree - Objections - S.188 of the Act provides for a complete bar of jurisdiction of Civil Courts under certain circumstances - Therefore, no suit or other proceedings unless expressly provided in the Act lie or be instituted in any civil Court - Suit was decreed by consent - Instead of abiding..........
