Bank guarantee -- Courts should refrain from interfering with invocation of bank guarantee except in cases of fraud of an egregious nature or in cases where allowing encashment would result in irretrievable injustice...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fraud - When fraud is alleged, plaintiff must set forth particulars of fraud which he alleges...........
Limitation Act, 1963, Section 17 -- Limitation - Fraud - Fraud relating to sale transaction itself would not help plaintiff in getting over plea of limitation - To get over plea of limitation, plaintiff should have been kept out of knowledge of his right to sue by means of fraud...........
Hindu Undivided Family (HUF) -- Partition - Partition effected between members of Hindu Undivided Family by their own volition and with their consent cannot be reopened unless it is shown that it was obtained by fraud, coercion, misrepresentation or undue influence, for which strict proof is required...........
Will -- Due execution - Attesting witnesses have proved its due execution - There is no evidence to suggest that any fraud was played in its execution - If a Will appears on the face of it to have been duly executed and attested in accordance with the requirements of statute, a presumption of its due execution and attestation applies - Deposition of witnesses that..........
Legal Services Authorities Act, 1987, Section 22D -- Permanent Lok Adalat - Review - Tribunal's power of recall does not equate to rehearing for errors in judgment or a relitigation of merits but allows for correction of procedural errors, such as failure to serve necessary parties or instances of fraud - Review on merits require specific statutory permission, while..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of limitation generally is a mixed question of fact and law - However, there is no hard and fast rule that every question of limitation is to be treated as a mixed question of fact and law - Where action is initiated after several years after right to sue accrued, without any pleadings to explain reasons for..........
Service -- Excess payment - Recovery after retirement - If excess amount was not paid on account of any misrepresentation or fraud on the part of employee or if such excess payment was made by employer by applying a wrong principle for calculating pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous, such..........
Partition suit -- Evidence of PW1 and DW1 would reveal that with knowledge of defendants, suit item Nos.1 to 14 have been jointly purchased in the name of plaintiff - When name of plaintiff is found in document relating to suit item Nos.1 to 14, either it has been purchased for his welfare or he has contributed his share amount - Defendants have failed to establish their..........
Service -- Recruitment - Irregularity in selection process - When a thorough inquiry uncovers systemic irregularities like fraud or malice that compromise the integrity of a selection process, the outcome should be fully cancelled; however,if possible, efforts should be made to separate tainted from untainted candidates - The decision to cancel the selection must stem..........
