Legal Services Authorities Act, 1987, Section 21, Indian Contract Act, 1872, Section 17 -- Award of Lok Adalat - Plea of fraud by petitioner - When petitioner and her counsel signed the terms of compromise, then petitioner cannot resile from compromise and contend that it was obtained by fraud without producing any prima facie proof...........
Indian Contract Act, 1872, Section 14 -- Sale deed by insane person - Non-free consent - Maternal uncles of plaintiff executed sale deed of his property on the pretext of providing medical checkup - Plaintiff was never handed over sale consideration - Said sale deed is an act of no, free mind, no, consent under the influence of fraud and misrepresentation - Sale deed held,..........
Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102 -- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Compromise through power of attorney - Validity - Fraud and misrepresentation - Matrimonial dispute - Circumstances if any supporting allegations of fraud and misrepresentation were not brought on record by any evidence by wife - Wife alleges that compromise was formulated in such a manner as to make out that none of her..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Recall of compromise decree on the ground that the same was obtained by playing fraud - Wife rightly approached trial Court instead of filing an appeal thereagainst...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence in rebuttal - Dismissal of application - Without making any comment whatsoever on either merits of controversy between the parties, or even with regard whether the document is a genuine or forged/fabricated document or has been obtained by fraud, which is a matter left to be decided by trial Court on..........
Insurance claim -- Parties are bound by stipulation of a particular figure as sum insured, except in cases where agreement on part of insurance company is brought about by fraud, coercion or misrepresentation or cases where principle of uberrima fide is attracted...........
Insurance claim -- Burning of Excavator/Machine - Determination of loss - Excavator totally lost in fire, which was fully insured - Parties are bound by stipulation of a particular figure as sum insured, as it is not a case where agreement on part of insurance company is brought about by fraud, coercion or misrepresentation - Surveyor and insurance Company were not..........
Agreement to sell -- Specific performance - Defendant executed power of attorney in favour of one person who is related to plaintiff - Power of attorney holder in collusion with plaintiff prepared a fictitious agreement which did not bear signature of defendant - Plaintiffs miserably failed to prove how time was not essence of agreement - Defendants not entitled to sell..........
Service Law -- Reversion - On grounds of fraud and suppression of fact that appellant does not possess requisite qualification - Appellant appointed as Bill Clerk after verification of his qualification and through process of competitive examination followed by an interview - In show cause notice, appellant had explained that at the time he appeared in matriculation..........
