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Results of decree obtained by fraud

Showing : 41-50 of 113 Results

GAUHATI HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 13 -- Foreign decree obtained by suppression and fraud - Certificates of Inspection given by president of plaintiff on goods quality at pre-shipment stage not disclosed and decree was obtained from North Carolina Court - Held, S.17 of the Indian Contract Act defines concealment as fraud - That apart trial court might have reached a..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Consent decree -- Challenged on the ground of fraud, misrepresentation and undue influence - Allegation of fraud, misrepresentation and undue influence must be clearly pleaded and then proved by clear and cogent evidence - Family settlement arrived at between the family members in the presence of relatives - Held, plea that thumb impression was obtained on written..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objection petition - Decree alleged to be obtained by fraud - Objector was party to the suit and it was open for him to raise these pleas in the suit itself - Application filed only to delay the execution proceedings - Order rejecting application U.O.21.Rr.97, 101 CPC, upheld...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Limitation Act, 1963, Article 59 -- Consent decree - Suit to set aside - Limitation - Decree obtained by playing fraud as defendant was not served in the said suit - Suit is not barred by limitation if filed within time of coming to know of the fraud by the aggrieved party...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree on the ground that consent was obtained by fraud - Held, appeal is not maintainable - If a claim of fraud is made, there are three options open : (1) to apply to the same Court for recalling the order by setting out the grounds of fraud; (2) an independent suit by contending that the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 23, Rule 3-A -- Setting aside of compromise decree - Separate suit filed raising challenge against compromise decree on the ground that compromise was obtained by exercising fraud and misrepresentation - Held, suit not maintainable in view of O.23.R.3-A CPC - Plaintiff can challenge compromise decree by filing application u/s 151 CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Judgment and decree challenged on the ground that it has been obtained by fraud and misrepresentation - Amendment sought so as to introduce certain grounds in the plaint to justify the plea of fraud and misrepresentation - Amendment sought will neither change cause of action nor nature of suit - Pleading..........

CALCUTTA HIGH COURT

Year of decision: 2010
Details

Hindu Marriage Act, 1955, Section 12(1)(c) -- Petition seeking annulment of marriage on the ground that consent for marriage was obtained by concealing material facts which amount to fraud - Petition allowed - Appeal filed by wife against grant of decree - Wife had got married to other person and got that marriage annulled before entering into marriage with respondent -..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Consent decree -- Passed on the basis of admission in written statement - Statement of defendant not recorded - By itself not a circumstance to uphold the plea of fraud - Written statement verified by one defendant and even that thumb impression was forged and thus there was no verification of written statement at all - It was not a valid written statement - Consent decree..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of..........

Showing : 41-50 of 113 Results