Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - S.23(1) of the Act covers all kinds of transfers which is clear from the expression `by way of gift or otherwise' - For applicability of the provision two conditions must be fulfilled, viz. (a) The transfer must have been made subject to the condition that the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
License -- Cancellation of fair price shop license - Respondent not only suppressed the fact about subsequent allotment of fair price shop to appellant but also tried to mislead High Court that fair price shop of respondent was attached to another fair price shop holder - She averred in her writ petition that no third party allotment was made - Non-disclosure of relevant..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - In property Khasra No. did not mention the identification and the ownership of the property - The fact that the property fetched a larger price cannot be held against the Appellant who participated in the process and offered the appropriate..........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - The mandatory nature of the twin conditions to be satisfied before an auction sale can be set aside as provided U.O.21.R.90(3) CPC - No application to set aside a sale on grounds of irregularity or fraud under the Rule can be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Once fraud is alleged by plaintiff in reply to objection U.O.7.R.11 CPC, then allegation of fraud has to be tested in terms of O.6.R.4 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Service -- Increments granted on account of an error - Recovery after retirement - If excess amount was not paid on account of any misrepresentation or fraud of employee or if such excess payment was made by employer by applying wrong principle for calculating pay/allowance or on basis of a particular interpretation of rule/order which is subsequently found to be..........
