Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - Neither there is any concealment nor misrepresentation by defendant No.1 - If plaintiff forms a belief without clarifying the same with defendants, defendants cannot be faulted for the same - To declare a contract null and void due to fraud plaintiff must plead the ingredients of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 108 packets of Poppy husk - Appeal against conviction - Accused acquitted viz. : (i) Independent witness not examined; (ii) consent memos have been fabricated later on just to complete the paper work; (iii) documents have not been prepared in the manner projected by prosecution, which renders..........
Civil Procedure Code, 1908, Section 151 -- Concealment of facts - It is a question of merit - Cannot be gone into when dismissal is sought on ground of certain procedural irregularity...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Permissibility - Where there is material concealment of facts which were in the knowledge of plaintiff and after defendant exposes the same in written statement and counter claim, plaintiff cannot set at knot the entire process, that has to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Term "possession" for the purpose of S.18 of Act, means physical possession with animus, custody or dominion over the prohibited substance with animus or even exercise of dominion and control as a result of concealment - Animus and mental intention is the primary and significant element to show and..........
Hindu Marriage Act, 1955, Section 24, 25, 26, 27, Civil Procedure Code, 1908, Order 19, Rule 1 -- Maintenance - Affidavit - If a party made concealment or false statement in his/her affidavit, opposite party shall disclose the particulars of the same in his/her response on affidavit along with the material to show concealment or false statement - Aggrieved party may also..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Ground of personal necessity - Tenant took plea of malafide intention and concealment of fact - Landlord purchased shop to shift his business activities which he is carrying from his residence to this shop - Petitioner tried to make out that `X' an associate of landlord has..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 466, 467, 471, 120B -- Anticipatory bail - Offence u/ss 406, 466, 467, 471, 120-B IPC - Petitioners by deliberate concealment of material facts and narration of wrong facts to complainant, induced the complainant to part with the hefty amount of Rs.25 crores - Prima facie case for proceeding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Second recovery of 84 kg of poppy husk - Three bags containing 28 kg of Poppy husk were kept concealed by accused in the field of `C' and the same recovered on the basis of disclosure statement of accused - I.O. did not associate `C' in the investigation - Independent witness not supported prosecution..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant proceeded ex parte - Setting aside ex parte order - (i) No limitation is prescribed for setting aside ex parte order; (ii) In view of facts and circumstances of case, there is no requirement of issuing notice to the respondents as it will unnecessarily entail unnecessary expenses and delay the matter; (iii) However,..........
