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)...........
Suppression of material facts -- Plaintiff re-agitating the issue which was already decided in earlier suit filed by mother-in-law of plaintiff - Status quo order was obtained by plaintiff by suppressing facts regarding earlier suit - Fraud committed upon Court by suppressing material facts - Suit filed by plaintiff is clear abuse of process of Court - Suit struck off..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - In case of fraud, Civil Court has jurisdiction to entertain and adjudicate upon such dispute...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - For invoking of provisions O.21.R.90 CPC, there must be plea and proof as to injury suffered by objectors to auction sale (be it JD or any person claiming through or otherwise) in showing the said sale arising out of alleged material irregularity or fraud...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Execution - Auction sale - Setting aside - Distress sale cannot be considered as fraudulent, much less to attribute anything of fraud and collusion between DH and auction purchaser in the absence of showing anything by JD...........
Agreement to sell -- Plea of fraud and fabrication - Person who alleges fraud, forgery or fabrication has to prove the same...........
