Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegation that accused under the pretext of providing Government job to complainant, has collected a sum of Rs.18,58,000 and another sum of Rs.20,000 through bank transfer - Specific allegation made in complaint is that as promised, no appointment orders..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for perpetual injunction - Specific case of plaintiff is that defendant had obtained sale deed under coercion and by playing fraud and misrepresentation and no sale consideration has been paid to him - Cause of action is mixed question of facts and law and aspect of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed filed on two grounds i.e on basis of non-payment of sale consideration and on the ground of fraud - Even if suit is not maintainable on the ground of non-payment of sale consideration - However, there cannot be partial rejection of plaint, as plaintiff is seeking..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Fraud if any whether perpetrated at the first instance of valuation, or later is a matter which could be unearthed only after a trial based on evidence led by parties - But, as of now in no circumstances, it can be said that no prima facie case..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge thereto - Plaintiff failed to prove that compromise decree was result of any fraud or misrepresentation or that her thumb impressions were obtained on pretext of obtaining loan from bank - Since there was not any kind of fraud or misrepresentation to plaintiff, subsequent Court could not set..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
Will -- Proof of - Plaintiffs utterly failed to produce any cogent evidence that Will in question was a result of fraud, inasmuch as none of witnesses examined by plaintiffs were present at the time of execution of Will so as to prove that in what circumstances, Will was executed - Rather, Courts below have rightly observed that mere fact that Will in question is a..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 338(3), 340(2), 61(2) -- Bail - Offence u/ss 338(3), 340(2), 61(2) BNS - Cyber Fraud - There is sufficient prima facie evidence connecting petitioner with alleged crime - However, pre-trial incarceration should not be a replica of post-conviction sentencing - Petitioner's total..........
Bank guarantee -- Courts should refrain from interfering with invocation of bank guarantee except in cases of fraud of an egregious nature or in cases where allowing encashment would result in irretrievable injustice...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fraud - When fraud is alleged, plaintiff must set forth particulars of fraud which he alleges...........
