Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Misrepresentation, fraud, breach of trust, wilful default or undue influence - O.6.R.4 CPC provides that dates and items in relation to plea of misrepresentation, fraud, breach of trust, wilful default or undue influence shall be mentioned in the plaint...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - If compromise decree was tainted by fraud, misrepresentation or mistake then Court under its inherent powers u/s 151 CPC may rectify the decree for alterations/modification of the consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties after marriage migrated to USA - Appearance of parties through video conferencing - Insistence by Family Court that petitioner and respondent to appear from Indian Embassy and in presence of Embassy officials - Not proper - Fact that parties have separated and that there is no chance for reunion..........
Agreement to sell -- Specific performance - Plaintiff being a Police Constable was mandatorily required to seek permission from his department before entering into an agreement to purchase property of a high value - However, admittedly, he did not seek any such permission from the department - It is not the case of plaintiff that he and defendant were on such close terms..........
Criminal trial -- Fraudulent proceedings - To create or to assist creating false documents and to use them as genuine knowing them to be false in the Court proceedings, to falsely implicate somebody in the false proceedings filed in the name of person who had no knowledge whatsoever about the same are the acts attributable to the offences punishable under BNS - They are..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is a bundle of facts which are required to be proved for obtaining relief and for the said purpose, material facts are required to be stated but not the evidence except in certain cases where the pleadings relied on are in regard to misrepresentation, fraud, wilful default, undue..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that gift deed is null and void and permanent injunction - Plaintiff alleges that gift deed is not a result or fraud and misrepresentation - Onus was upon plaintiff to prove the same, but plaintiff miserably failed to demonstrate and prove this fact - Concurrent findings of Courts below that..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Objection U.O.21.R.90 CPC confined to material irregularity or fraud or publishing or conducting the sale - Mere fact that no opportunity was granted to appellants on the point of market value in view of O.21.R.90(3) CPC and any other objection beyond the scope of O.21.R.90(1), (2)..........
