Indian Contract Act, 1872, Section 17 -- Fraud and misrepresentation - Suit for declaration of ownership and declaring sale deeds as null and void - Execution of two power of attorneys in favour of defendant by plaintiffs only for purpose of contesting earlier litigation - Even DW1 admitted said fact - Once defendants themselves acknowledged and admitted power of attorney..........
Banking law -- Bank guarantee - Invocation of - Court should not interfere with invocation or encashment of a bank guarantee so long as invocation was in terms of bank guarantee, particularly in absence of case of fraud, irretrievable injustice and special equities...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Consent decree - Objections (i) that consent order was obtained by concealing material facts which was in the nature of fraud; (b) that no decree was drawn after passing the consent order; (c) suit in which consent order was passed was not maintainable in view of S.50 of Delhi Rent Control Act - Held, all..........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute cheating, fraud/deception has to be practiced by an accused at the time of entering into a transaction to induce person so deceived to deliver any property to any person - Once a transaction takes place between parties, subsequent dispute may amount to breach of contract, but not an offence u/s 420 IPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issue of jurisdiction and fraud - Objections not within the framework of S.47 CPC - Such objections to be raised in appeal alone - Since J.D. availed all the appeal opportunities, lead to conclusion that presumably they raised the issue of jurisdiction and fraud also but their pleas did not find favour with..........
Arbitration and Conciliation Act, 1996, Section 5, 8 -- Reference to Arbitration - Allegation of fraud - Suit for declaration - Allegations relating to forgery and fabrications related to partnership business subject matter of Arbitration - Moreover, allegations of fraud are not of such a serious nature that those necessarily constitute criminal offences, nor are so..........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Presumption shall always be in favour of bonafide of a transaction and it requires strong contrary evidence to tilt probability in favour of one who alleges fraud...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Merely because parties are nearly related to each other or donor was old and infirm, no presumption of undue influence or fraud can arise...........
Fraud -- Vitiates all judicial acts whether in rem or in personam and that a judgment, decree or order obtained by fraud has to be treated as non-est and nullity and can be challenged in any Court at any time...........
Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal thereagainst on ground of fraud - Decree alleged to be obtained by fraud, has to be challenged in a civil suit and to lead cogent evidence to prove that she had no knowledge of the proceedings which had been initiated at the instance of her husband and even counsel who had appeared on her..........
