Civil Procedure Code, 1908, Order 23, Rule 3A, Arbitration and Conciliation Act, 1996, Section 32 -- Suit challenging decree based on arbitration award on the allegation that decree was obtained by fraud and misrepresentation is not barred u/s 32 r/w S.47 of Arbitration Act and such suit is maintainable before Civil Court...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - S.12(1)(c) of HMA is attracted only if the consent of one spouse in obtained by the other through force or by playing fraud...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Suppression of information by a spouse as to his suffering from a disease - Held, suppression and failure to inform a particular fact cannot be treated as fraud, unless the person failing to mention it was under a legal obligation to state it...........
Hindu Marriage Act, 1955, Section 12(1)(c), 2 -- Annulment of marriage - Maintainability of petition - Even if the consent of the spouse is obtained by fraud, petition for annulment of marriage is not maintainable if the said spouse lived with the other after having such knowledge...........
Hindu Marriage Act, 1955, Section 12(c) -- Annulment of marriage - Wife alleges that her consent was obtained by fraud at the time of marriage and husband had concealed from her that he was a Christian - Wife stated nowhere in petition that she came to know just before filing of petition that her husband was Christian - She stated in her petition that her parents were..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the written statement - So far as the..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property by senior citizen - Failure on part of transferee to maintain transferor - Respondent No.5, owner of disputed property, handed over to petitioners possession of first floor with an implied latent promise that petitioners/transferee would at least vouch for welfare of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration that sale deed is null and void and result of fraud and misrepresentation - Amendment of plaint sought on the ground that after filing of written statement plaintiff came to know about a forgery and the same was sought to be incorporated by way of amendment of plaint - Amendment..........
Will -- Execution - Plea of fraud - Held, it is for defendants to prove fraud or coercion and particulars of same must be provided by defendants upon whom onus lies...........
Criminal Procedure Code, 1973, Section 482 -- Banking fraud - Quashing of criminal proceedings - Held, even if accused voluntarily at a later stage settles monetary claim that cannot be made a ground to quash criminal proceedings unless well established principles for exercise of power u/s 482 CrPC are made out...........
