Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Challenge as to - Consent decree would not serve as an estoppel, where compromise was vitiated by fraud, misrepresentation or mistake...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Fraud - When fraud is alleged, the same is required to be pleaded and established by leading evidence - Mere allegation that there was fraud is not sufficient...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28, 29 -- Additional evidence at appellate stage - Plea of fraud - Report called from Principal City Civil Judge - Appellate Court may permit additional evidence to be produced either oral or documentary, if conditions mentioned in O.41.R.27 are satisfied and thereafter procedure U.O.41.Rr.27, 28 & 29 is to be followed -..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - No case of JDs that there was any material irregularity or fraud in publishing or conducting sale - Objection was that decree was obtained by fraud - Application rightly dismissed...........
Consent decree -- Fraud - When mortgage property was sold in Court auction in execution proceedings and sale was confirmed in favour of auction purchaser and sale certificate was issued and sale was confirmed after overruling objections raised by fraud and initially by consent decree was not challenged at all and even order overruling objections raised by JDs was also not..........
Limitation Act, 1963, Section 17 -- Limitation - Fraud - In case decree is obtained by playing fraud, limitation would start from date of discovery of fraud...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Misappropriation of money - Serious and grave allegations of fraud and misappropriation of large amount of money of farmers are made against accused - Old age or ailments etc. of accused cannot help them in escaping arrest and custodial..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murdered man found alive - 15 years long agony of accused - Deceased/son of complainant was found alive and was in touch with complainant - Police opined that FIR is liable to be cancelled as per SIT report and report filed u/s 173 Cr.P.C - Complainant filed protest petition - However, Magistrate on basis of report of..........
Fraud -- Limitation - Fact vitiated by fraud - Limitation to challenge that fact starts from date of knowledge of fraud...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
