As the document alleged to have been forged was not produced in the court the provisions on S.195(1)(b)(ii). Supreme Court of IndiaSushil Kumar And Ors vs State Of Haryana And Ors on 8 December, 1987Equivalent citations: 1988 AIR 419, 1988 SCR (2) 182Bench: Sharma, L.PETITIONER:SUSHIL KUMAR AND ORS.Vs.RESPONDENT:STATE OF HARYANA AND ORS.DATE OF JUDGMENT08/12/1987BENCH:SHARMA, L.M. (J)BENCH:SHARMA, … Continue reading When original not produced before Court S.195(1)(b)(ii) not attracted.
Facts : Dr. Vimla purchased a car in the name of her minor daughter Nalini aged about 6 months. The price of tile car was paid by her. The transfer of the car was notified in the name of Nalini to the Motor Registration Authority. The insurance policy already issued was transferred in the name … Continue reading Fraud includes two elements – deceit – and injury to person decieved – in absence of latter no fraud
Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud and undue influence and was not meant to be acted upon and only meant as a security for repayment of debt. Court held mischief of … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.
Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 6197 OF 2000 ALKA BOSE Appellant (s) VERSUS PARMATMA DEVI & ORS. Respondent(s) Date: 17/12/2008 This Appeal was called on for judgment … Continue reading Specific Performance of an Agreement executed by Vendor alone