Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A -- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is aggrieved by..........
Motor Vehicles Act, 1988, Section 149 -- Insurance Policy - Additional evidence - After closing of evidence - Stand of insurance company that insurance policy was never issued - If insurance policy was not issued by Company, then it amount to fraud - Since fraud vitiates all solemn acts, therefore, alleged fact has to be demonstrated and proved on record by giving adequate..........
Civil Procedure Code, 1908, Section 13(e) -- Foreign judgment - Fraud - Utmost care and caution should be exercised while holding that a foreign judgment was procured by fraud which would otherwise operate as an estoppel against plaintiff...........
Service -- Appointment obtained on the basis of fraud and misrepresentation - Dismissal without enquiry - If an appointment is procured fraudulently employee may be terminated without holding enquiry - However, if an employee is confirmed, holding a civil post and is protected u/s 311(2) of Constitution, due inquiry has to be held before terminating the services...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - setting aside - Non fulfillment of terms and conditions of compromise - Entire foundation for challenging the compromise as non est is based on subsequent events that occurred after passing of compromise decree and not on the ground that compromise being vitiated on account of any fraud or..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Test of suspicious circumstances as applicable to Will is not applicable to deed of gift - Once it is found that document of gift is registered and signature of donor is proved, it cannot be held to be invalid unless a case of fraud or misrepresentation is made out...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney - Executed for management of property of plaintiff, but he nowhere authorized attorney holder to suffer a consent decree of his land in favour of anyone - Suffering of consent decree by attorney holder of a major chunk of land owned by plaintiff in favour of nephew of plaintiff, cannot be said to be an act..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Consent decree - Validity - Suit filed by nephew claiming property of his uncle - Instead of making said uncle a party, nephew sued him through attorney - Said attorney rushed to the Court on the next day and suffered a decree - This extra ordinary hurry itself reflects ill-intention, fraud, active planning and collusion of..........
Doctrine of lifting of corporate veil -- Court can lift the mask of corporate veil when it is used for perpetrating fraud or for evasion of tax...........
Service -- Compassionate appointment - Termination of services after 15 years of appointment on the ground that appellant being brother of deceased does not fall within definition of "dependent of deceased" to claim compassionate appointment - Appellant not committing any fraud, manipulation or suppression of material fact for securing appointment, as appellant being a..........
