Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to an accused can only be cancelled if Court is satisfied that after being released on bail: (i) accused has misused the liberty granted to him; (ii) flouted the conditions of bail order; (iii) that bail was granted in ignorance of statutory provisions restricting the powers of Court to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to an accused can only be cancelled if Court is satisfied that after being released on bail: (i) accused has misused the liberty granted to him; (ii) flouted the conditions of bail order; (iii) that bail was granted in ignorance of statutory provisions restricting the powers of Court to..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegation of fraud and forgery - Intricate facts of case need to be investigated by police as this is not a case of such nature that complainant will be able to produce necessary documentary evidence in the case on his own - Court below committed error by dismissing the application - Order..........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to the suit - If a decree is obtained from a Court by concealing important facts it amounts to playing fraud with the Court - Said judgment and decree can be assailed at any stage by the person feeling aggrieved, by way of filing application seeking leave to file appeal...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized amount - Condition of furnishing bank guarantee - Petitioner is a victim of a cyber fraud - Investigating agency has not been able to find out the details of account holders till date - No fruitful purpose would be served by keeping the amount of Rs.2,57,000 on hold - Impugned order modified to the extent..........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Suit for cancellation of transfer deed - Where a suit was filed for cancellation of transfer deed on the ground of fraud and no consideration was shown in the said deed, plaintiff would not be required to pay ad valorem Court fee...........
