...:“Here it is to be mentioned that there was no practised of fraud or no misrepresentation on the part of the teacher (Kasi Nath Kumar) for obtaining the same.”Since the petitioner had not pract...Biswanath Somadder, J.:— Let the report in the form of an affidavit filed in Court today on behalf of the District Inspector of Schools (PE), Hooghly, in terms of the order dated 29th...April, 2014, be taken on record.Perusing the same, it appears that this Court's specific query as contained in its order dated 29 April, 2014, has been answered as follows...

...that petitioners are Class-III employees and it is not the case that the petitioners have played any fraud or misrepresentation in order to get the benefit, therefore, such a recovery is expressly held...petitioners, but there is no allegation that the petitioners played any fraud or made any misrepresentation in order to get payment of higher pay scale, that has been granted to the petitioners by the Stat...excess of entitlement.9. The fact remains in the present cases that earlier petitioners filed writ petition which was allowed in terms of order in the matter of Ram Kumar Sahu (supra). Thereafter, S...

...worked for about four years and was not guilty of any fraud or misrepresentation in seeking appointment under the Scheme, the impugned order dated 24-9-2001 was not justified.3...that as rightly observed by the High Court, there was no misrepresentation or fraud practised by the respondent in gaining employment. The respondent has worked for more than 4 years and in view of...undermined. Coming to the question whether there was any fraud or misrepresentation, we find that right from the beginning, the officers concerned were acting in a manner contrary to the policy. When...

...one of these three categories. Therefore the review jurisdiction on the ground of fraud or misrepresentation so far as the compromise is concerned, cannot be invoked under Order 47 C.P.C at all. Therefore the Court...I.A No. 3 has been filed. Thus it goes to show that the present revision petitioner had not complained about the fraud or misrepresentation till 6-4-1981. It is only after the Commissioner's report went against her, she con...barred, can it be said that the party has no right to question the compromise decree either on the ground of fraud or misrepresentation. Order 47 Rule 1 C.P.C reads as...

...payment made to him towards salary and allowance prior to his retirement could not be recovered at that stage, there being no fraud or misrepresentation on his part.8. The order of the Hi...recovery in writ proceedings under Article 226. The petition was allowed by the impugned judgment of the High Court. The High Court found substance in the grievance of the respondent that the excess...retire within one year, of the order of recovery.(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years...

...order passed under Section 245-D(4) if it on its own comes to the conclusion that the order was obtained by fraud or misrepresentation of facts. The Revenue cannot initiate any proceedings in term...improbabilities, or the authorities giving a different version after having issued certificates, there is no scope for coming to the conclusion that there was any fraud or misrepresentation of facts. Therefore, the...the settlement shall be void if it is found subsequently by the Commission that it has been obtained by fraud or by misrepresentation of facts. The plea of the assessee that the initiation of proceeding to find out as to wh...

...agreement to sell in question was a result of fraud or misrepresentation. In order to establish that the plaintiff was always ready and willing to perform his part of the contract, plaintiff prove...In order to prove the due execution of the agreement to sell in question, plaintiff himself appeared in the witness box as PW-3 and examined Bakhshish Chand as PW-1 and Baljit Singh as PW-2, attesting...sell in question. The defendant, on the other hand, had failed to rebut the evidence led by the plaintiff qua execution of the agreement to sell in question. Defendant had failed to establish that the...

...came to the conclusion that non-service of summons did not constitute fraud or misrepresentation; that absence of the word Patel and mistake in the father's name did not evidence fraud or ...dated 18-8-1975 and for permanent injunction restraining Boraiah from executing the said decree on the ground that the said decree had been obtained by fraud and misrepresentation. It was alleged that...13 CPC. That he did not make any allegation of fraud in RA No. 54 of 1977. Consequently, the High Court reversed the judgment and decree passed by the trial court and restored the ex parte decree...

...no provision under the Intermediate Education Act or in, the regulations framed thereunder conferring power on the District Inspector of Schools to review an order according approval under Section 16-E of the Act. The Distr...the absence of any fraud, misrepresentation or mistake, the District Inspector of Schools has no jurisdiction to revoke his order. In the instant case the petitioners have alleged that the order o.... In the circumstances, it is clear that the order of approval was not obtained by mistake, misrepresentation or fraud. In ...

...indulged in fraud or misrepresentation in order to achieve any financial benefits. On the contrary, it was totally in the hands of the respondent Corporation to have deducted the amount due from t...1995-96. Nothing further is due from the petitioner after the deduction of the said amount.4. It is further submitted that the petitioner has not indulged in any misrepresentation or...fraud. Nor has he refused to repay the loan. Instead, it was in the hands of the respondent Corporation to deduct the amount in installments, which they have done. The deduction of a huge amount at the...

...the part of the petitioner to commit any fraud or misrepresentation in order to earn appointment in the Force.6. The learned counsel would also rely on a decision of the Hon'ble Supreme...character was enclosed in which, it was clearly mentioned about the case and conviction of the petitioner in the case mentioned in the termination order. Therefore, there was no intention or motive on...Force, suddenly an order was issued by the third respondent on 29.6.2011, terminating his services from the Force in pursuance of the provisions of the Central Security Force Rules, 2001 as mentioned...

...exceptions and, therefore, there was no cause of action against the appellant. Learned counsel also contended, that merely because the word fraud or misrepresentation were used in the plaint, the Bank could not cla...exceptions where there was fraud or irretrievable injury. In the present case, the contention for the Bank is based on fraud or misrepresentation by the appellant. That is stated to be the cause of action ...does not amount to a cause of action based on “fraud”, the Bank cannot take shelter under the words “fraud” or “misrepresentation” used in the plaint.28. Learned counsel...

...review its orders if it is satisfied that the order was obtained by fraud or misrepresentation. If an order is obtained by practising fraud or misrepresentation, the ...case where the order is not obtained by fraud or misrepresentation the statutory authority has no jurisdiction to review its order unless provision to that effect is contained in the...on the District Inspector of Schools to review his order granting approval. There is further no dispute that the order of approval was not obtained by fraud or misrepresentation. All the necessary...

...from any misreading of evidence, and is based on admitted facts i.e to say that the plaintiff/respondent was not held to have played any fraud or misrepresentation in passing of the order, which is...no fraud or misrepresentation on the part of the plaintiff/respondent was alleged, therefore, no ground to recover the amount paid under valid order. The court, thus, held that once there was no...fraud or misrepresentation on the part of the plaintiff/respondent, there was no ground to recover the amount.The learned Addl. A.G, Haryana contends that the appeal raises the following...

...contention of the writ petitioners Mr J.C Madhuswamy and others before the High Court was that the FWA was vitiated as a result of fraud and/or misrepresentation. Presumably, this contention was urged in ...Government of Karnataka and Nandi was a result of any fraud or misrepresentation as alleged by J.C Madhuswamy and others and the State Government?(2....3. To the bar of res judicata, it would be a successful answer that fraud and misrepresentation had vitiated the entire transaction. Hence, there would be no question of res judicata...

...absence of misrepresentation or fraud on his part.4. In view of the above, impugned order dated 7.7.2006 (P-5) is quashed. The amount shall be released to the...there is no element of fraud or misrepresentation on the part of the employee. Reliance in this regard may be placed on the judgment of Hon'ble the Supreme Court in case of Sahib Ram v. State...of Haryana, 1995 (1) SCT 668 (SC) : [1994 (5) SLR 753 (SC)], wherein it has been categorically held that no recovery could be effected from an employee in the...

...certified copy of this order by passing a speaking order and if it is found that no fraud or misrepresentation was committed by her in getting the increased amounts, recovery be cancelled. Till th...respondents accepts that if no misrepresentation or fraud had been committed by the petitioner, no recovery can be made from her in view of the Full Bench decision of this Court in Budh Ram's case...-prosecution.In view of the nature of the order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage.Learned counsel for the...

...date of receipt of a certified copy of this order by passing a speaking order and if it is found that no fraud or misrepresentation was committed by them in getting the amount of rural allowances,...counsel for the respondents accepts that if no misrepresentation or fraud had been committed by the petitioners, no recovery can be made from them in view of the Full Bench decision of this Court in...dismissed for non-prosecution.In view of the nature of the order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage.Learned...

...earlier on grounds which are recognised as permissible for recalling orders passed by a court or authority such as fraud or misrepresentation, ignorance of real facts or inadvertence and the like, “...circumstances, the learned District Judge was not required to give any finding on the question of alleged fraud or misrepresentation. The learned District Judge, therefore, erred in law in recalling the ...the Court,” a scrutiny of the order passed by the Rent Control and Eviction Officer on 6-4-1977 clearly suggests that the order dated 7-5-1977 could not be said to have been obtained by any fraud or ...