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Results of decree obtained by fraud

Showing : 91-100 of 113 Results

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Collusive or fraudulent decree -- In order to contend in a latter suit or proceeding that an earlier judgment was obtained by fraud or collusion, it is not necessary to file an independent suit. AIR 1991 P&H 159 (FB) not correct law...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged as obtained by fraud and misrepresentation and that plaintiff never appeared before the Court at the time of passing of the decree and somebody else has allegedly made a statement on his behalf - Suit cannot be decided on the basis of preliminary..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court has no power to entertain an objection that decree has been obtained by fraud - It cannot decide the rights of the parties under the decree - It can go behind the decree only on the question of jurisdiction of Court which passed the decree...........

ALLAHABAD HIGH COURT

Year of decision: 1998
Details

Civil Procedure Code, 1908, Section 47 -- Execution of exparte eviction decree - Objection that decree is obtained by playing fraud on objector - Not maintainable - Objector is free to file suit for getting exparte decree set aside on that ground...........

SUPREME COURT OF INDIA

Year of decision: 1997
Details

Decree against minor -- When correctness of a decree is challenged by a minor on attaining majority, limited defence open to him is that either the decree in earlier suit was obtained by fraud/collusion or by negligence by the Court guardian or that guardian ad litem did not safeguard the interest of the estate of minor...........

BOMBAY HIGH COURT

Year of decision: 1996
Details

Civil Procedure Code, 1908, Section 47 -- Suit pending for setting aside consent decree on the allegation that it was obtained by fraud or misrepresentation - Held, it perse does not affect the validity and executability of the decree...........

SUPREME COURT OF INDIA

Year of decision: 1996
Details

Fraud -- Judgment or decree obtained by playing fraud on the Court is a nullity and non est in the eyes of law - Such a judgment/decree-by the first court or by the highest Court has to be treated as a nullity by every court, whether superior or inferior - It can be challenged in any Court even in collateral proceedings...........

SUPREME COURT OF INDIA

Year of decision: 1995
Details

Compromise decree -- Setting aside - Fraud - Person who suffered com-promise decree not heard of for the last seven years - Ignorance shown as to the address on which summons sent and whether defendant appeared in Court or not - Counsel of plaintiff or of defendant not examined to prove that defendant had entered into a compromise on the basis of which compromise decree..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Separate suit on the ground that decree is obtained by fraud - Cannot be held to be barred...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 23, Rule 3-A, Evidence Act, 1872, Section 101 -- Compromise decree - Challenged in separate suit as being obtained by fraud - Burden of proof - Whenever a transaction entered at the behest of lawyer is assailed by a litigant, a burden is cast upon the person taking advantage under the transaction to show that transaction was entered into..........

Showing : 91-100 of 113 Results