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...........
Agreement to sell -- Specific performance - Plea of fraud and fabrication - Bald plea of fraud and fabrication alleged by defendant but not an iota of evidence produced to substantiate such plea - Plaintiff on the other hand proved agreement to sell by producing attesting witnesses, typist and Notary public in Court - Said witnesses were duly cross-examined and their..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - In the instant case, petitioners supplied all sensitive information to contractor about internal meetings of committee of officers who laid down norms and terms of contract and..........
Succession Act, 1925, Section 263 -- Will - Revocation of probate - Just cause - Bald allegations made by plaintiff that grant of probate was obtained by fraud - Particulars of fraud neither pleaded nor proved by party alleging fraud before District Court - Mere bald pleading will not help plaintiff in the absence of proof - Moreover, Will remained unquestioned till filing..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Work contract between parties - Triable issues made out by defendant for the reason that there is prima facie acknowledgment of a representative of plaintiff acknowledging over payments to plaintiff - Prima facie allegations of fraud and connivance between plaintiff and..........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 10(iii), (iv) -- Customary adoption - Plea of fraud and undue influence - Not available to plaintiff who is stranger to adoption deed - Moreover, no evidence adduced by plaintiff to prove plea of fraud and undue influence - Plea rejected...........
