Civil Procedure Code, 1908, Section 100 -- To confer jurisdiction on High Court under S.100 CPC a substantial question of law is sine qua non - High Court interfered with fact finding entered by First Appellate Court on question of undue influence, fraud etc. in execution of sale deed - Trial Court dismissed but lst appellate Court decreed the suit - No substantial..........
Civil Procedure Code, 1908, Section 151 -- Fraud & cheating - Plots allotted by Society even though it had no title whatsoever over the property - Matter referred to the jurisdictional police to investigate it and to prosecute persons who were members of the committee of management of Society during relevant time...........
Limitation Act, 1963, Civil Procedure Code, 1908, Section 151 -- Limitation - Order obtained by playing fraud on the Court - Same is nullity and can be challenged at any stage and Court can recall it even under its inherent powers...........
Civil Procedure Code, 1908, Section 141, Order 9, Rule 13 -- Recall of order sought by a person not party to the proceedings - Miscellaneous proceedings - O.9.R.13 applies to such proceedings by virtue of S.141 - Order passed by practising fraud and suppressing facts - Hence, application by a person not party to the proceedings to recall order is maintainable - Order..........
Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust or cheating - Complaint - Main offence alleged is that respondent trust running Dental College has cheated appellant a non-banking financial institution and dishonestly induced him to deliver property - No allegation that respondent made any wilful representation and that there was fraud or dishonest..........
Civil Procedure Code, 1908, Order 3, Rule 2, Evidence Act, 1872, Section 118 -- Power of attorney holder - Plea of fraud - It is the party in person who can bring the true facts on record - Moreover, an attorney authorised for various specific purposes but not for appearing as a witness of the person authorising him, cannot appear as a witness as well on his behalf...........
Civil Procedure Code, 1908, Order 26, Rule 1, Civil Procedure Code, 1908, Order 16, Rule 19 -- Plea of fraud - Power of attorney holder cannot bring the true facts on record - Only the party itself can make a correct and true statement of facts - Applicant justified in requesting for appointment of Commission to examine an 80 years old lady residing at Bombay in the suit..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Material irregularity or fraud in publishing or conducting sale - Burden of proof is on J.D. to show that substantial injury resulted due to irregularities and fraud - Failure to discharge burden entails dismissal of application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Recall of order - Passing of amendment order on consent - Application after three years to recall the order of amendment - Order cannot be recalled in absence of any plea and proof that consent had been fraudulently obtained or obtained by fraud or coercion...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Suit to enforce bank guarantee - In absence of pleading as to fraud and finding thereto unconditional leave to defend cannot be granted...........
