Evidence Act, 1872, Section 92 -- Parole evidence - Exclusion of evidence - Fraud transcends all presumptions - Parole evidence rule, well entrenched in Section 92 - Always subject to a proviso that it does not exclude adducing of any evidence which may prove fraud, illegality, want of due execution and want of capacity etc...........
Civil Procedure Code, 1908, Order 6, Rule 4, Evidence Act, 1872, Section 92 -- Document - Oral evidence to disprove the document - Not permissible - No allegation of fraud or intimidation - No illegality pleaded regarding execution of the same - No quantum of oral evidence can be held to be admissible to contradict or exclude the term of document...........
Consumer Protection Act, 1986, Section 12, 17, Insurance Act, 1938, Section 64 -- Insurance Claim - Fire in godown - Surveyor's report based on police investigation supported claim of insured that fire was caused by short circuit of electricity - Insurance company engaged private investigating agency who reported that fire may be arson or deliberate attempt to make..........
Insurance Act, 1938, Section 64 -- Report of private investigating agency - Insurance Company should be given an opportunity to prove such investigation report and S.64 UM does not stand in the way of the Insurance Company in establishing that the claim was a fraud on the company, or that it was a case of deliberately causing a fire so as to lay the foundation for an..........
Limitation Act, 1963, Section 17, Article 59 -- Decree or judgment - Setting aside on ground of fraud, impersonation and coercion etc. - Limitation is three years - Starting point of limitation under Art.59 is the date of knowledge of the alleged fraud...........
Limitation Act, 1963, Article 59 -- Decree or judgment - Setting aside on ground of fraud, impersonation and coercion etc. - It is Article 59 and not Article 58 which is applicable...........
Consent decree -- Obtained by fraud and impersonation - Once it is found that judgment and decree is obtained by fraud and impersonation, then it vitiates all judicial acts...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Indian Contract Act, 1872, Section 126 -- Bank guarantee encasement case - Injunction against Encasement of Bank guarantee - Contract for supply of goods by company to contractor - Dispute arose between parties regarding outstanding amount - Bank guarantee executed at instance of contractor in favour of company was..........
Clean hands -- A person whose case is based on falsehood can be summarily thrown out at any stage of the litigation - A litigant who approaches the Court is bound to produce all documents which are relevant to the litigation - If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the Court as well on the..........
Probation of Offenders Act, 1958, Section 4 -- Previous convict - Fact concealed - Held, accused is not entitled to claim benefit of probation for having played fraud on Court...........
