Criminal Procedure Code, 1973, Section 482 -- Permission to travel abroad - Default by borrower - Issuance of Look Out Circular - Merely looking at quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by borrower/guarantor - More so when no criminal case alleging fraud has even been filed against borrower/guarantor - Suspicion cannot..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Execution - Stipulation to pay interest @ Rs.18% per annum contained in award cannot by itself be said to be unreasonable - It cannot be said that award put in execution is opposed to public policy, illegal or vitiated by fraud...........
Agreement to sell -- Plea of fraud and forgery - Burden of proof - Defendant contended that burden of proof of fraud and forgery has been wrongly placed upon defendant - Contention rejected, as once plaintiff has proved the agreement to sell, issue of wrong onus does not arise...........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Consent obtained by fraud amounts to no consent and therefore, if intercourse is done with consent but obtained by fraud, it would amount to rape...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between parties, indulging into a sexual relationship and ultimately ending into a breakup - Prosecutrix continued to engage in sexual relationship with accused for a long period of 2 years - No evidence on record to show or suggest that right from inception, intent of accused was to..........
Fraud -- Vitiates all actions...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Where offences of forgery and fraud are applied in a case, bar of delay in lodging FIR would not always be considered as a ground to terminate proceedings at the inception when there is strong prima facie evidence to prosecute..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Sought to be replaced with the new one as written statement filed earlier was not by an Advocate engaged by defendant and he was never instructed to make a statement - Replacement allowed by imposing a condition that substituted written statement would be considered only, if defendant is able to prove the..........
Negotiable Instruments Act, 1881, Section 4, 78, 8 -- Kisan Vikas Patras (KVPs) issued by Post Office - Fraudulent encashment by agent with connivance with employee of post office - Post office/bank can be held, liable for fraud or wrongs committed by its employees...........
Negotiable Instruments Act, 1881, Section 4, 78, 8 -- Kisan Vikas Patras (KVPs) issued by Post Office - Fraudulent encashment - KVPs is in the name of appellants - Payments made to `R' who not being a holder is not a valid discharge u/s 78, r/w S.8 of the Act - Respondents as maker of KVPs have not discharged the liability in terms of S.78 of the Act, as payment to `R' was..........
