Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Courts have to be satisfied about mutual consent between parties on basis of tangible material which demonstrably disclose such consent - However, if decree is obtained by fraud which is an intrinsic, collateral act, indeed vitiates the most solemn proceedings of Courts of justice and if it has been..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Fraud or misrepresentation - Recall of decree - Mere allegation of fraud or misrepresentation not sufficient unless established by tangible evidence on record in support thereof - Decree cannot be recalled on the mere premise that parties were not living separately...........
Civil Procedure Code, 1908, Order 7, Rule 11, Legal Services Authorities Act, 1987, Section 22(C)(4) -- Rejection of plaint - Challenge to order obtained from permanent Lok Adalat on the plea that the same is obtained by practice of fraud and impersonation and the same is null and void - It is civil suit and not writ petition which is maintainable - Provision of S.22(C)(4)..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration and cancellation of sale deeds, GPA and Will alleged to be got executed by misrepresentation and fraud - Limitation is three years as prescribed under Art.59 of the Act - Plaintiffs claiming through their father - Since father did not seek declaration by filing suit within three years as such plaintiff..........
Land Acquisition Act, 1894, Section 41, 44A, Land Acquisition (Companies) Rules, 1963, Rule 5(2) -- Acquisition of land - Recovery of enhanced compensation - Acquired land sold in private sale - Resumption notice - Acquired land allotted to company to set up manufacture of sheet glass or such other products approved by appellant State - Conveyance deed between State and..........
Indian Contract Act, 1872, Section 17 -- Fraud - Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud unless it is duty of a person keeping silence to speak or unless his silence is in itself equivalent to speech...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - A compromise forming the basis of a decree can only be questioned before the same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred by O.23.R.3A CPC - Expression `not lawful' used in O.23.R.3A CPC covers a decree based at a..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - Neither there is any concealment nor misrepresentation by defendant No.1 - If plaintiff forms a belief without clarifying the same with defendants, defendants cannot be faulted for the same - To declare a contract null and void due to fraud plaintiff must plead the ingredients of..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Can be sought on ground of force or fraud within one year from the date of force ceased or fraud discovered...........
Transfer of Property Act, 1882, Section 122 -- Gift - Essentials of a valid Gift are : (a) There must be transfer of ownership - As in the case of a sale, there must be a transfer of all the rights in the property by the donor to the donee. However, it is permissible to make conditional gifts. The only restriction is that the condition must not be repugnant to any of the..........
