Service -- Recruitment of non-teaching staff - Illegalities in selection process - HC cancelled the appointment of both tainted and untainted candidates - Directions modified - Direction of HC that tainted candidates appointments must be terminated, and they are required to refund any salaries received due to the fraud involved, remains the same - Further, the service of..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Power of Attorney Act, 1882, Section 2 -- Sale deed - Execution of sale deed by power of attorney holder - Cancellation of power of attorney subsequent thereto - Cancellation does not affect the prior sale deed executed more so when there is no contention that attorney was not conferred with..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Neither FIR nor final report u/s 173 Cr.P.C. contain a whisper with respect to any inducement, fraud or dishonesty made by petitioners - No such deceitful act was adopted - Only apparent reason to lodge FIR in question is to wreak vengeance due to ongoing matrimonial discord - Proceedings quashed...........
Service -- Misconduct - Forfeiture of gratuity - Failure of employer to initiate criminal proceeding on the fraud employed by way of fabricated/forged certificate produced for the purpose of employment, does not militate against the forfeiture - No conviction in a criminal proceeding is necessitated, if the misconduct alleged & proved constitutes an offence involving moral..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property transferred by mother in favour of her son with condition that he will take care of her and in absence of same, transfer deed will stand cancelled - Mother is not maintained by son and after transfer of property in favour of her son she is not allowed to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of fraud has to be proved by leading evidence and plaint cannot be rejected at the threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Whenever a fraud is alleged, neither revenue Courts are equipped nor competent to effectively adjudicate on allegations of fraud and Courts skilled and experienced to try such issues are Courts constituted under CPC - Application rightly rejected...........
Will -- Plea of fraud - Wherever the party opposing the Will raises any suspicious circumstance surrounding the Will, it is for propounder to dispel the same - In case, challenge is made to the Will pleading fraud, party pleading fraud needs to plead details thereof and to prove fraud beyond doubt...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 479, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PMLA - Merely because petitioner is in custody from past two years seven months cannot be a ground to enlarge petitioner on bail when PMLA offence is invoked and charges leveled against him is committing fraud to the tune of Rs.1,553 Crores..........
Constitution of India, 1950, Article 226 -- Award of Lok Adalat - Challenged on the ground of fraud - Petitioner cannot be non-suited at the threshold on the ground of delay or laches...........
