Consent decree -- Challenged on the ground of fraud as : (i) summons not served; (ii) defendant appeared on the very first day of filing of suit, filed written statement and her statement was recorded; (iii) decree passed within a week - Lower Appellate Court, on appreciation of evidence, finding that no fraud was committed while passing the decree - Nothing on record to..........
Transfer of Property Act, 1882, Section 54, 105, 122, Contract Act, 1872, Section 19, 19A - - Sale, lease or gift - Can be declared void/voidable on the grounds of fraud and undue influence, at the instance of the person whose consent was so caused...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is a bundle of facts which are required to be pleaded for purpose of obtaining relief claimed in suit - Material facts are required to be stated but not evidence except in certain cases where pleadings relies on any misrepresentation, fraud, breach of trust, willful default or undue..........
Consent decree -- Challenged on the ground of fraud - Person against whom fraud played in respect of the sufferance of decree did not challenge the same - Other persons cannot challenge the same on that ground - Ground of non registration of decree is available to the person who had suffered the same, but not raised during his life time, is no more available to other..........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Plea of active fraud - Property in dispute sold by father of minors/sellers - Facts of minority of minors was clearly indicated in sale deed - It was upto the purchasers to take care of requirement as to whether prior permission from competent Court has been obtained by father or not - Moreover,..........
Arbitration and Conciliation Act, 1996, Section 45 -- Arbitration agreement - New York Convention - Reference of dispute - Held, in case of arbitrations covered by New York Convention, Court can decline to make reference of dispute covered by arbitration agreement only if it comes to conclusion that arbitration agreement is null and void, inoperative or incapable of being..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Withdrawal of suit - Recall of order - Court can invoke its inherent powers u/s 151 CPC and can set aside the order permitting withdrawal of suit if it is proved that the party had not given any instructions to his counsel to withdraw the suit or that there was no such settlement out of Court and that the party..........
Limitation Act, 1963, Section 17 -- Fraud - Once fraud played by petitioners counsel is established and his collusion with the respondent is apparent - Period of limitation, if any, can only be counted from the date of discovery of fraud...........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit challenging decree based on award in arbitration proceedings - Bar to suit - Allegation made in plaint is not that compromise on which decree is based was not lawful - Allegation was that decree itself was obtained by practicing fraud upon plaintiff - Held, bar U.O.23.R.3-A not applicable to the..........
