Evidence Act, 1872, Section 102 -- Burden of proof - Plea of fraud - Specific plea of fraud is taken by plaintiffs - To prove this fact burden lies on plaintiffs themselves - Shifting of burden to prove such fraud on defendant by first Appellate Court is wrong and unsustainable...........
Will -- Proof of - Joint application signed by four sons of testator wherein they stated that testator had not left any Will, is not a ground to discard registered Will of which execution is admitted in plaint and there is no allegation of fraud and misrepresentation having been made by plaintiff - Will is proved...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - JD contended that property auctioned does not belong to her husband - However, no documents were filed to that effect - Unless JD proves that sale was conducted because of fraud or irregularity in publishing proclamation of sale or substantial injury or non-issuance of notice, sale cannot be..........
Hindu Marriage Act, 1955, Section 13 -- Divorce proceedings - Settlement - Once the issue is settled before Court and after Court records settlement of parties, merely because husband remarries, wife cannot call in question settlement itself on whatsoever ground except, it being a fraud...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - S.23(1) of the Act covers all kinds of transfers which is clear from the expression `by way of gift or otherwise' - For applicability of the provision two conditions must be fulfilled, viz. (a) The transfer must have been made subject to the condition that the..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Fraud, misrepresentation and undue influence - Gift deed - Plaint did not contain full particulars of alleged fraud, misrepresentation and undue influence except plaintiff pleading that deceased/donor was addicted to alcohol - Plaintiffs are admitting about execution of registered gift deed in favour of defendant,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
Will -- Proof of - Registered Will carries presumption of correctness that document is validly executed - If defendants have questioned the Will on the ground of fraud, it is for them to adduce convincing evidence to rebut said presumption...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
License -- Cancellation of fair price shop license - Respondent not only suppressed the fact about subsequent allotment of fair price shop to appellant but also tried to mislead High Court that fair price shop of respondent was attached to another fair price shop holder - She averred in her writ petition that no third party allotment was made - Non-disclosure of relevant..........
