Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife not served with summons and her signatures were obtained on blank papers by her husband and later on misused by converting them into a power of Attorney on her behalf - She came to know of ex parte divorce decree obtained against her by husband only after his death..........
Evidence Act, 1872, Section 102 -- Will - Onus to prove that Will being result of fraud and misrepresentation is upon plaintiffs who sought declaration to the effect that Will is null, void and not binding upon them...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 342, 354, 376B, 506, 509, 34 -- Quashing of FIR - Offence u/ss 342, 354, 376-B, 506, 509, 34 IPC - Case in hand is apparently a case of blatant abuse of process of law, wherein complainant has attempted to harass her ex-husband and other members of his family by leveling false and obnoxious..........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Element of cheating and fraud - Mere filing of suit or complaint u/s 138 N.I. Act by itself not a ground to quash the proceedings - Order quashing complaint, set aside...........
Fraud and misrepresentation -- Allegations of misrepresentation and fraud, even in civil cases, are to be proved like a criminal charge...........
Will -- Proof of - Execution of Will in favour of defendants - Plea of fraud by plaintiffs - No FIR was lodged regarding alleged fraudulent execution of Will - Defendants themselves appeared in evidence and categorically stated that Will was executed by executor of his own free will and volition and that he was not suffering from any kind of ailment when Will was executed..........
Registration Act, 1908, Section 22, 78, 69 -- Registration of document - Jurisdictio, If registering authority were to indiscriminately register documents executed by those manifestly lacking title, that would seriously undermine legitimate rights - It is civil Court that will have jurisdiction - Authority is required to act in a judicious manner so as to prevent any fraud..........
Revenue entries -- Once red ink entries regarding corrections in Khasra showing possession of plaintiff are suspicious, based on fraud and forgery, recordings in the name of plaintiff are irrelevant...........
Civil Procedure Code, 1908, Section 47 -- - Execution of ex parte decree - Objections - Objection that no notice in the suit has been issued to defendant since address given in the suit is not the address of defendant and that it was an address where he had been living earlier - Defendant in occupation/carrying on business and notice not issued at such an address - Ex..........
