Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
Agreement to sell -- Specific performance - Allegation of fraud - At appellate stage without pleading or evidence - Plaintiff made allegation of fraud in respect of suit transaction, without pleading or evidence - Held, same cannot be considered at appellate stage...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - In absence of any allegation of fraud having been played on Court below or of any illegality, application for cancellation of bail on subsequent event is not maintainable before High Court - Application dismissed with observation that applicant will be at liberty to move application for cancellation of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Setting aside - Fraud or collusion - Separate suit to challenge compromise decree is not maintainable - Compromise decree is to be challenged before same Court under provision of O.23.R.3 CPC...........
Legal Services Authorities Act, 1987, Section 22(e) -- Medical claim - Awarded by Permanent Lok Adalat - As per petitioners, medical claim of respondent No.2 should be discarded by saying that respondent No.2 suffered from congenital disease falling under exclusion clause of medical insurance policy - However, respondent No.2 has not shown any symptoms of any defective..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Setting aside - Ex parte order can be set aside only in exceptional circumstances - This inherent power is with the Court and can be exercised when party is not at fault or ex parte order has been obtained by playing fraud with the Court or by collusion...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed on the ground of fraud and misrepresentation - Plaint rejected by holding that dispute between parties involve adjudication of question of title in respect of agricultural land - Held, a suit for cancellation of sale deed is cognizable before civil Court as per..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Ex parte decree - Setting aside - Forgery committed in getting the ex parte decree - Land in dispute recorded in the name of `Surendra Singh' but written statement filed by one `Sahendra Singh' - Written statement not filed by competent person - There was apparent forgery..........
Will -- Suit for possession - Appreciation of evidence - Sub-Registrar affirms sound condition of testator - No evidence on record to prove that Will was obtained by fraud - Sample signature/thumb impression were available for comparison but plaintiffs failed to examine the handwriting expert - No evidence produced to establish that alienation of ancestral land was..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Material irregularity alone is not sufficient to set aside auction sale - JD has to go further and establish to the satisfaction of Court that material irregularity or fraud, as the case may be, has resulted in causing substantial injury to JD or in conducting the sale - It is only then sale so..........
