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ADARSH KUMAR GOEL, MADAN B.LOKUR
HARJAS RAI MAKHIJA (D) THR. LRS. – Appellant
Versus
PUSHPARANI JAIN – Respondent
Yes, the judgement makes references to both locus and fraud. The court discusses the issue of whether the non-disclosure of certain facts, such as the Power of Attorney, constitutes fraud. It emphasizes that not every non-disclosure amounts to fraud and that fraud must be proved through evidence, including intent to deceive. The judgement also clarifies that allegations of fraud need to be substantiated with proof, and mere allegations without evidence are insufficient. Furthermore, the court acknowledges that the question of whether a party had the locus standi (legal standing) to initiate proceedings or assert claims is relevant in the context of allegations of fraud and non-disclosure. Overall, the judgement addresses both the concept of locus in the context of the parties' standing and the legal standards required to prove fraud. (!) (!) (!)
JUDGMENT
Madan B. Lokur, J.
The appellant (Harjas Rai Makhija represented by his legal representatives) is aggrieved by the judgment and order dated 3rd April, 2012 passed by the High Court of Madhya Pradesh at Jabalpur in FA No.961 of 2010 whereby his appeal has been dismissed with costs of Rs. 25,000/-.
2. Respondent No.1, Pushparani Jain (Pushparani) was allotted Plot No.251 in Major Shopping Centre Zone - II, Habibganj, Bhopal under Scheme No.13 of the Bhopal Development Authority (for short BDA). Since she was a resident of the United States of America and had some difficulty in completing the formalities with regard to the allotment, she appointed her brother Jinendra Jain as her attorney on or about 28th August, 1981. This was communicated by her to the Chairman of the BDA by a letter of the same date.
3. On the basis of the communication sent by Pushparani to the BDA, and on the basis of the Power of Attorney given by her to Jinendra Jain, she was able to obtain possession of the plot allotted to her and complete the necessary formalities.
4. According to the appellant Harjas Rai Makhija (Makhija), another Power of Attorney had been executed by Pushparani on 30th April, 1983 in
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