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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff would deem to be party of..........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Constitution of India, 1950, Article 226, 227, Rajasthan Rent Control Act, 2001, Section 3(iv), 18 -- Eviction petition - Compromise - Once organization has volunteered to enter into compromise and agreed to vacate rented premises it does not lie in mouth of organization to disown its commitment - Moreover, it is nowhere pleaded in petition that agreement of compromise..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Parallel proceedings - Grandfather approached civil Court for cancellation of gift deed before seeking declaration of gift deed as null and void under the Act - Gift deed was not voluntary executed but was obtained by..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Property of mother - Cancellation of gift deed in favour of daughter - Mother contended that she was forced to execute gift deed in question and was deprived of property in question - However, there is no assertion in the complaint that mother was unaware of contents of documents executed by..........
Service -- Regularization - Order of regularization obtained by misrepresenting facts, or by playing a fraud upon competent authority, cannot be sustained in the eyes of law...........
Contract -- Execution of Power Project Agreement - Challenge as to - Judicial commission of inquiry - Allegations as regards to corruption, bribery, fraud and misrepresentation in awarding contract - Foreign company which was involved has abandoned the project - Project is virtually working at half capacity and rate of production of electricity is so high that project has..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JD contended that DH by playing fraud on Court obtained decree, thus, decree is not executable and proceedings in execution case be stayed till disposal of suit instituted by JD against DH - However, detail particulars of fraud have not been stated in plaint as per O.6.R.4 CPC - Mere..........
Indian Contract Act, 1872, Section 72, Constitution of India, 1950, Article 300A, Delhi Development Act, 1957, Section 21 -- Allotment of flat/plot - Cancellation of allotment - Forfeiture of deposit amount by Delhi Development Authority (DDA) - On perception of fraud - In absence of any material such forfeiture partakes character of punishment and any such action against..........
