...:“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...

...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...SABINA, J.Plaintiff had filed a suit for possession by way of specific performance of agreement to sell dated 7.4.2004The case of the plaintiff in brief was...

...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 d...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 Suprem...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...the attention of this Court to the relevant portion of the order, wherein the Hon'ble Supreme Court, in respect of suppression or false information being furnished by the potential candidate in...

...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...

..., fraud or misrepresentation. In order to find answer to this question, it would be appropriate and useful 4 to have a loo...because of the fraud, misrepresentation, pressure tactics or coercion etc. by the opposite party, he would still be entitled to raise the issue in judicial forum dehors having signed the discharge...party under undue influence, fraud, misrepresentation or coercion. We have to first decide on the facts and circumstances of this case and evidence placed on record as to whether the petitioner has...

...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 ...

...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...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..., before the order of recovery is issued.(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and...

...either the result of collusion or that of fraud or misrepresentation in order to cause loss to the respondent/defendant is tenable. 12. Another submission made by counsel is that...of the appellant. It is further averred that the alleged sale deed is the result of fraud and misrepresentation and has no value in the eyes of law. Defendant No. 2 is the son of the plaintiff and...the suit land was alienated in favour of the appellant or the plaintiff was in possession thereof or he has forcibly taken over possession of the suit land by taking advantage of illiteracy and old age...

...Committee of Management of the college has been recognised by him except on the ground of fraud, misrepresentation or mistake and even in cases of fraud, misrepresentation or mistake the ...down that a District Inspector of Schools cannot review his order recognising a Committee of Management of the college except in the case of fraud, misrepresentation or mistake and even in such ca...a reasonable opportunity of being heard is required to be given to the affected person. Instant case does not appear to be a case of fraud, misrepresentation or mistake. That apart, it is quite clear that the B.S.A has not ...

...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...alleging that the said joint Memo in terms of which a preliminary decree was passed, was vitiated by fraud and that her signature was obtained to that joint Memo by practising fraud or misrepresentation...

...SCC 581, he would argue that in case the order of the Court obtained by misrepresentation of facts or fraud, there is inherent power in the Court to recall or review the order si..., it appears to this Court that the Tribunal/Court which passed the order had the inherent jurisdiction to recall/review the order if obtained by fraud or misrepresentation. No one in law can be a...parties thereto. The owner of the vehicle, in spite of notice and substituted notice effected on him, did not appear. The learned District Judge by the order dated 11.1.2011 dismissed the said review...

...State Government has not been able to show that petitioners have played any fraud or misrepresentation in getting the increments. In fact, Government has paid the increments by misinterpreting their own ...471 has held that if no fraud or misrepresentation is attributed to employees for the excess payment of the increments then recovery thereof cannot be made by the State Government.4...restored to its original number.C.W.P No. 8519 of 19911. The only grievance of the writ petitioners is that increments were granted by the Government to the petitioners in view...

...cancelled, but there is no allegation against the petitioners that they have played any fraud or committed any misrepresentation in order to get the payment of higher pay scale, which had already been...petitioners filed writ petition which was allowed in terms of order in the matter of Ram Kumar Sahu (supra). Thereafter, State Government granted benefit of regular pay scale to the petitioners and it is not the case that t..., learned counsel for the petitioners, would submit that no fraud or misrepresentation has been played by the petitioners and if the benefits have wrongly been granted to them, the same cannot be...

...order of assignment was passed under a mistake of fact or owing to misrepresentation or fraud or in excess of the limits of the authority delegated to the assigning officer under BSG 15 r...owing to fraud or misrepresentation, he may in the case of an order passed by an officer subordinate to him, set aside, cancel or in any way modify the decision. The Board of Revenue may ...decision was grossly inequitable or that it exceeded the powers of the officer who passed it or that it was passed under a mistake of fact or owing to fraud or misrepresentation, he may ...

...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...

...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...petitioner within one month from the date of receipt of certified copy of this order, if the same has been deducted out of his retiral benefits. Writ petition stands disposed of in the above terms.5. Petition allowed....

...Officer found that the allotment order itself had been obtained by fraud or misrepresentation he had no power to cancel the order of allotment. Reliance has been placed on the case of Mahabir Prasa...allottee in pursuance of the allotment order the Rent Control and Eviction Officer's power comes to an end except in a case where the order was obtained by fraud or misrepresentation of f...been obtained by fraud, or misrepresentation. But in cases where the allottee entered into possession not in pursuance of an order of allotment but was in possession from long before the ...