Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Cancellation on ground that it was executed as a result of fraud - Held, when possession is not disturbed and one of the members of family duped and defrauded the petitioner and only relief sought is declaration then ad valorem Court fee is not payable...........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Fraud and undue influence - Plaint is silent as to nature of fraud or undue influence, that is said to have been played - Even otherwise except PW1 no other witness has spoken about alleged fraud and undue influence - Plea of fraud and undue influence rejected - Suit rightly dismissed...........
Evidence Act, 1872, Section 92 -- Proviso 1 - Exclusion of evidence of oral agreement - Plea to invalidate any document proved in accordance with S.91 of Evidence Act is available, where a case is made out of fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration or mistake in fact or law...........
Hindu Marriage Act, 1955, Section 13, 12(1)(c) -- Divorce - Fraud by husband - Consent of wife for the purpose of marriage was obtained by fraud, considering husband as qualified doctor - Evidence on record shows that husband was not having any qualification beyond intermediate - Name of husband in Ration card described as `Dr' - Even in matrimonial advertisement in..........
Hindu Law -- Partition - Effected between the members of Hindu Undivided Family by their own volition and with their consent cannot be reopened, unless it is shown that the same is obtained by fraud, coercion, misrepresentation or undue influence...........
Civil Procedure Code, 1908, Section 151 -- Judgment or order obtained by fraud - Court can recall its own order - (a) Any judgment or order obtained by fraud cannot be said to be a judgment or order in law and such judgment decree or order is nullity and non est in the eye of law and can be challenged even in collateral proceedings; (b) Fraud is an act of deliberate..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - No question of res judicata in a case where signs of fraud or collusion are transparently pregnant or apparent from facts on record...........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 - - Fraud - Legal malice - Consolidation officer accepted statement of withdrawal of objection made on behalf of appellant without verifying correctness of same and without examining rights of parties with reference to documents in relation to suit property - No reasons given in impugned order why objection was..........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Not conclusive as to any matter directly adjudicated upon between the parties if : (a) it has not been pronounced by a court of competent jurisdiction; (b) it has not been given on the merits of the case; (c) it is founded on an incorrect view of international law or a refusal to recognize the law of India in..........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - Quack - Death of 9 months old baby - Accused administered glucose IV fluid to victim without having qualification or knowledge to do so - Accused had no degree to practice as a medical practitioner - He was quack and committed fraud upon victim by posing himself as a doctor and administered..........
