Fraud -- Judgment and decree obtained by playing fraud upon Court is a nullity and non est in the eye of law...........
Limitation Act, 1963, Section 17 -- Fraud - Limitation - Starts to run when fraud is discovered...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 17, Article 127 -- Limitation Act does not make any distinction between a mere application to set aside sale in execution of decree and an application to set aside sale on ground of irregularity or fraud - They are governed by Art.127 - Application when based on fraud limitation starts to run only..........
Agreement to sell -- Suit for specific performance - Agreement alleged to be result of fraud and that loan was taken and the same is repaid - Agreement signed not only by defendant but by his literate son also - No question of fraud - No reliable evidence that defendant has taken loan and repaid it - Notice issued before filing suit for specific performance - No reply..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Setting aside - Sale cannot be set aside merely on irregularity in publishing or conducting sale - Sale can be set aside if there is material irregularity or fraud in conducting or publishing the sale and there is irreparable injury...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Suit for dissolution of partnership and accounting - Applicant alleging to be a partner in business - Documents produced prima facie show that applicant was also partner in business - Different partnership deeds found regrading same business - Possibility of fraud or collusion regarding partnership..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Fraud committed by wife by not disclosing her true age and her marital status at time of marriage - Wife deliberately suppressed material facts that her ex-husband had committed suicide because of harassment meted out to him by her - Evidence showing that wife left home with intention not to come back -..........
Electricity Act, 1910, Section 26 -- Defective meter - Electrical Inspector has jurisdiction to decide the dispute unless there are allegations of commission of fraud or tampering with the meter or breaking the body seal...........
Evidence Act, 1872, Section 102, 103, 111 -- Fraud, mis-representation or undue influence - Burden of proof - When so alleged by an illiterate widow women who is in a fiduciary relationship with another and the latter is in a position of active confidence, the burden of proving absence of fraud, mis-representation and undue influence upon the person in a dominating..........
Criminal Procedure Code, 1973, Section 195, 340, Indian Penal Code, 1860, Section 467, 468, 420 -- Impersonation in Court - Decree for declaration to be owner in possession passed on that basis - FIR lodged by real owner - Sought to be quashed on the ground that complaint could be filed by the Court where the fraud was committed in view of bar of Ss.195, 340 Cr.P.C. -..........
