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...........
Will -- Execution - Plaintiff failed to prove testatrix to be in sounding disposing state of mind - Shifting of onus of proof on defendant to establish fraud and deception played by husband of plaintiff on testatrix in execution of Will does not arise...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Restraining respondent No.3 from releasing of bank guarantee on account of delay in execution and completion of project of water supply line - Exercise of extraordinary jurisdiction under Art.226 of Constitution - Court cannot issue injunction against invoking of such bank guarantee except in case of fraud or..........
Fraud -- Which leads to passing of judgment - Fraud vitiates all actions taken consequent to such fraud and this would mean that judgment would be set aside - However, before setting aside judgment, Court must come to conclusion that action was fraudulent...........
Fraud -- Every wrong action is not a fraudulent action...........
Fraud -- Has to be pleaded and proved...........
Fraud -- Allegations of fraud made for first time in Supreme Court - Not sufficient - Fraud has to be pleaded and proved...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Civil suit challenging award of Lok Adalat on ground of fraud/misrepresentation - Award of Lok Adalat can be challenged by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very limited ground...........
Fraud -- Plea of fraud and mis-representation raised by plaintiff-appellant was required to be proved like criminal case - However, plaintiff did not bring on record any relevant and cogent evidence in this regard - Plaintiff did not bring on record relevant revenue recod, while leading evidence in affirmative so as to prove property as ancestral property - Petition..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal attendance - Privilege u/s 205 Cr.P.C is exception to ordinary rule of attendance of accused in the course of trial - Such privilege is to be resorted to where offence does not involve mens rea and not in cases where public funds running to crores are allegedly misappropriated by using fraud and..........
