Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in discharge of debt - Cheque issued not the result of fraud - Complaint disclosing prima facie case - Fraud is a question of fact - It has to be proved before the consequences follow...........
Agreement to sell -- Entered into by agent knowing that defendant would not enter into an agreement for sale with the plaintiff and thus deceived defendant by representing that he wanted to purchase the property for himself by active concealment that in fact he had already entered into an agreement with the plaintiff that after purchasing the property from the defendants..........
Indian Penal Code, 1860, Section 420, 409 -- Cheating and criminal breach of trust - Accused company advanced loan to complainant for purchase of vehicle - Agreement of loan authorized the accused company to take possession of vehicle, if complainant made default in repayment of loan - Complainant having become defaulter, accused company sold the vehicle - Held, no offence..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Court fee - Ad valorem Court Fee is payable only when consequential relief of cancellation of sale deed is required - Cancellation of sale deed as a consequential relief is required in case of sale deed is voidable and not in case when sale deed is void - In the instant case a declaration was sought that sale deed is..........
Limitation Act, 1963, Section 17 -- Fraud - Limitation begins to run from the date when fraud becomes known to the plaintiff - Knowledge referred to in the provision should be clear and definite knowledge of the facts constituting the particular fraud and not a mere suspicion - Fraud and date when the fraud pleaded came to knowledge must be pleaded...........
Family settlement -- Essentials - (i) The family settlement must be a bona fide one so as to resolve disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family; (ii) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence; (iii) The family arrangement may be..........
Consent decree -- Challenged on the ground that decree was the result of impersonation and fraud - Fraud in a civil case has to proved as in a criminal case - Particulars of fraud not set up in the plaint - No evidence as to how fraud was played - Expert opinion that questioned thumb impression tallied with the specimen thumb impression - Plea of fraud and impersonally..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of..........
Insurance Policy -- Raising of insured amount and extension of period of policy - Insurance claim - Compensation - Repudiation of insurance claim - On the ground that cover note was issued without collecting the premium hence the insurance policy expired on 21.7.2005 where as the loss by fire occurred on 3.8.2005 - Since upto the date of report of Surveyor dated 5.10.2005..........
Motor Vehicles Act, 1988, Section 149, 147, 82 -- Liability of Insurance company - Original permit holder of vehicle died - Permit not transferred - Owner of offending vehicle got his vehicle covered under the same permit by playing fraud - Held, owner is not entitled to cover his risk under the insurance policy - Insurance Company directed to pay amount of compensation..........
