Hindu Marriage Act, 1955, Section 12(c) -- Annulment of marriage - Petition by wife - Consent of wife obtained by husband by using fiduciary relationship as a Godman and trapped wife by false representations and poisoning her mind and creating fear of morality and illegality in maintaining her relationship with PW2 - Said fact is corroborated by testimonies of PWs -..........
Indian Penal Code, 1860, Section 420 -- Cheating - For invoking offence of fraud and cheating prosecution has to establish that intention of accused was to cheat complainant right at the time of inception of contract...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - On ground of consent of party obtained by fraud - The fraud that vitiated the consent of party to marriage, should be in connection with the nature of ceremony or as to any material fact or circumstance concerning his/her spouse - One solitary instance of medical treatment of wife, may not be a material..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Where any senior citizen who, after the commencement of the Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee..........
Service -- Termination - Cancellation of caste certificate - Appellant appointed on the basis of caste certificate issued to her - Since caste certificate of appellant is cancelled, order of termination was passed by Court below - However, appellant served as a Teacher and Vice president without any black spot in her service career for about 21 years - Neither appellant..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Recall of order as same alleged to be vitiated by fraud and misrepresentation - Fraud vitiates all proceedings - When fraud is played on Court, appropriate remedy is to approach the same Court to apprise the Court the manner in which fraud has been played -..........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Auction of property on failure of husband to pay maintenance - Property purchased by wife - Application by wife for delivery of possession - Respondent opposed application claiming to be auction purchaser through DRT - However, perusal of records shows that specific plea taken by husband that suit property belongs..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Agreement to sell - Presenting three post-dated cheques without intention of letting them e, cash whether amounts to a promise or not, is a question which cannot be determined without giving opportunity to adduce evidence - Prima facie, pleadings has certain elements of fraud - Thus,..........
Service -- Employment obtained by committing fraud - Same cannot be countenanced by a Court of law - Employment secured by fraud renders it voidable at the option of the employer. (1995 Suppl.(4) SCC 100 : AIR 1996 SC 686 followed)...........
