Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Period of limitation starts from date of refusal of execution of agreement, as defined under the agreement or from date of knowledge of fraud, if any, found committed in the alleged agreement...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Agreement to sell - Plaintiff pleaded fraud in execution of agreement to sell and he has succeeded in proving the same by showing that shops in question were already sold by defendant - Since plaintiff filed the suit within period of three years from date fixed for execution of sale deed,..........
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........
Court Fees Act, 1870, Section 7(v)(e) -- Court fee - Suit for declaration that registered exchange deed be declared illegal, null and void and result of fraud and also seeking possession of one of the suit properties - Court fee ad valorem on the market value is payable on the property of which possession is sought - As no market value is stated in the plaint as such Court..........
Agreement to sell -- Specific performance - Agreement in question is proved on record - There was no fraud or misrepresentation at the time when agreement to sell was entered into - Plaintiff was always ready and willing to perform his part of agreement as he had put to notice defendant to reach Registrar's office - Relief of specific performance granted to plaintiff...........
Surplus area -- Subsequent transfer - Plea of fraud - Appellant purchased land in dispute from `M' to whom land was transferred by original owner - When claim of such `M' stood rejected by both Commissioner and Financial Commissioner and land was included in surplus pool, appellant cannot be permitted to raise any issue of fraud played on `M' by land owner, as it is for..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Decree for possession - Once plea of collusion, fraud and fabricated settlement taken by defendant No.1 while objecting execution, has already been tested up to Supreme Court unsuccessfully, it was beyond powers of trial Court to have stayed the execution based on same plea - Impugned order of..........
Decree -- Contention of fraud, misrepresentation or impersonation - Decree passed on same day when admitted written statement was filed - Ipso facto not sufficient to accept the contention...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of plaintiff that decree is result of fraud, misrepresentation or impersonation - Mere fact that decree was passed on same day when admitted written statement was filed, ipso facto not sufficient to accept contention of plaintiff - Moreover, there is no denial that essentials of fraud are required to be..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or consent decree - Can be got set aside on one of grounds on which a contract can be set aside namely if obtained by fraud, misrepresentation or `coercion' with an additional ground in favour of minors or persons of unsound mind...........
