Registered sale deed -- Cancellation - Consolidation authorities have no jurisdiction to ignore registered sale deed - If sale deed was obtained by committing fraud without paying sale consideration, sale deed can only be cancelled by Civil Court...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Commission of fraud - Mere failure on the part of defendant to contest the suit by entering appearance, cannot be held that he is deemed to have admitted the fact made in plaint - Law requires fraud to be specifically pleaded and proved and it is for plaintiff to establish commission of fraud independently...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Resiling by one party - Can be allowed only when compromise was not enforceable for some justifiable reasons when compromise terms were invalid or against public policy or found to be brought about by fraud - When there was no justification in allowing the objection, Court should dismiss the petition filed by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Letter of Credit - Law of injunction against honoring Letter of Credit by a bank summed up as follows: (i) Court must be slow in granting an order of injunction restraining realization of a bank guarantee or Letter of Credit; (ii) There are two exceptions to above rule: (a) it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - False cause of action, fraud, misrepresentation - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Plea of fraud - If a party so chooses to file his pleadings and believes that mere reference to lodging FIR was sufficient without detailing various acts of fraud, then, it would be considered as inadequate pleadings and defendant cannot allow to bolster up his own pleadings by amendment later...........
Civil Procedure Code, 1908, Section 11 -- Ex-parte decree - Obtained by committing fraud - Decree will not operate as res judicata...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Suit filed by plaintiff for setting aside compromise petition and consequential decree on the ground of fraud and misrepresentation, not maintainable in view of bar provided U.O.23.R.3A CPC - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on merits, and such plea ought not to..........
Kerala Land Reforms Act, 1963, Section 103, 74, 75 -- Revisional jurisdiction of High Court - Maintainability - Appellate Court set aside order of Tribunal granting cultivating rights to respondent - Challenge - As per evidence on record respondent`s predecessor has been cultivating tenant in respect of land in question - Failure of appellants in proving genuineness of..........
