Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Fraud - Order obtained by practising fraud - Court has always power to recall its order vitiated by fraud - When order of injunction to restrain authority from proceeding with formation of layout on acquired land and allotment of sites to applicants, was obtained by misrepresenting facts, Court has inherent power..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed challenged being result of fraud, mis-representation and collusion and consequential relief of permanent injunction claimed restraining defendants from alienating, selling or transferring the suit land - Court fee payable is ad valorem on sale consideration of sale deed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration to be owner in possession and that sale deeds are illegal, fictitious, without consideration and the result of fraud - Plaintiff stating that his land is being cultivated through his tenant - Plaintiff contending that he never executed any sale deed or appeared before Sub Registrar - Plaintiff shown to be making..........
Agreement to sell -- Suit for specific performance - Fraud and misrepresentation - Plea of vendee that vendor misrepresented about quality of land and played fraud on him - No evidence to show that property was of inferior quality - Vendee not recommending for termination of agreement - After execution of agreement there was also payment of balance consideration amount -..........
Registration Act, 1908, Section 17 -- Registration - Validity - Inclusion of land in sale deed not within jurisdiction of registry - Executant not having title to or possession of land in question - Registration is fraud on registration - No title is conferred by deed...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Land of J.D. attached - Said land shown to have been transferred to minor son of judgment debtor under mutation entry without executing any conveyance - Application for raising attachment filed by minor son allowed by Court without there being any evidence of title of transferee son - Respondent had played fraud..........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Paras 5,7,12(b),13 - Second allotment obtained fraudulently by concealing allotment already made in favour of allottee and transfer of land of second allotment in violation of provisions of Scheme - Cannot be protected - Allotment obtained by fraud - Liable to be challenged by filing revision petition before..........
Sale deed -- Cancellation - Allegation of fraud by purchaser in execution of sale deed - Seller, a illiterate lady - Amount of consideration nominal and below market value of land - Sale deed is liable to be cancelled...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of execution of decree - Valid award passed under the provisions of Forest Act - Civil Court set aside award on compromise between the owner of the land and the Conservator of Forest who had no authority from the State Government - State filing a suit for declaration to set aside the compromise..........
Will -- Daughter excluded - Testator had strained relations with his daughter and had not received good treatment from her - Testator executed Will in favour of a person who had provided him and his wife food and shelter and was cultivating land on their behalf - Testator had no love and affection for his only daughter and therefore her exclusion was not unnatural -..........
