Constitution of India, 1950, Article 142, 226 -- Cancellation of admission to MBBS course - As obtained by fraud - Restoration of benefits to students - In the instant case, admission obtained through well-orchestrated plan of deceit spanning over many academic years - Involvement of students cannot be said to simple affair so as to ignore recognised consequences of fraud..........
Constitution of India, 1950, Article 142 -- Jurisdiction under Art.142 Constitution - Cannot be invoked to salvage and legitimize acts of fraudulent character as fraud cannot be allowed to trounce, on the stratagem of public good...........
Will -- When due execution of Will is proved and there is no other attending circumstances to arrive at irresistible conclusion that Will was outcome of any fraud or misrepresentation, then disinheritance of legal heir alone would not be a sufficient ground to discard the Will...........
Agreement to sell -- Specific performance - Ready and willing - Provision of S.16(c) Specific Relief Act and disclosure of means or source to raise and pay in cash become insignificant and inconsequential when it a case of fraud and total denial of transaction on the part of defendant. (Specific Relief Act, 1963, S.16(c)...........
Indian Penal Code, 1860, Section 409, 420, 467, 477A, Prevention of Corruption Act, 1988, Section 13(1)(c), (d) -- Criminal breach of trust by Public servant - Falsification of PPF accounts - In the instant case, there is no, reflection of bank transaction undertaken by accused in PPF withdrawal register - Evidence of PW establish that transaction covered under numerous..........
Civil Procedure Code, 1908, Order 6, Rule 4, Indian Contract Act, 1872, Section 17 -- Fraud - It must be proved and not merely alleged and inferred - A mere concealment or non disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive does not render a decree obtained by a party as fraudulent...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Only when right to sue survives - Any claim on account of acts of fraud, misrepresentation, improper conduct, malfeasance and misfeasance are personal to the defendant - Heirs of such defendant or any of them cannot be made liable for the tortious and/or criminal acts of their predecessors in interest..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Factum of solemnization of marriage and that consent is not obtained by force, fraud or undue influence - Not ascertained before passing decree - Court also did not made effort for settlement of dispute, which is mandatory requirement of S.9 Family Courts Act and O.32-A.R.3 CPC - Mandatory provisions of..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23(2) -- Ex parte order - Interim custody of child - Magistrate is empowered to pass an ex parte order in granting interim/temporary custody of any child or children to aggrieved party even basing on the affidavit filed by such aggrieved party without notice to respondent - However, Magistrate has got power..........
Agreement to sell -- Specific performance - Plea of hardship - Defendant took plea that plaintiff in the garb of loan fraudulently obtained his signatures - Since fraud was played defendant alleged that he will suffer hardship in the event of execution of sale deed - However, no evidence led by defendant to substantiate his plea - Trial Court after considering pleadings,..........
