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Results of decree obtained by fraud

Showing : 51-60 of 113 Results

ALLAHABAD HIGH COURT

Year of decision: 2008
Details

Specific Relief Act, 1963, Section 34 -- Declaration - If a judgment or a decree is obtained on account of fraud or collusion, a suit for declaration is maintainable...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Fraud -- Decree obtained by playing fraud on Court is a nullity and non est in the eyes of law...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Exparte decree - Even an ex parte decree is as good and effective as a decree passed after contest and operates as res judicata unless the party challenging the decree satisfies the Court that ex parte decree was obtained by fraud...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree - Binding nature on a legal representative not impleaded - Ordinarily a decree is not binding upon a legal heir who is not impleaded but some of the exceptions are : when estate of deceased was sufficiently represented or when plaintiff had impleaded all the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Jurisdiction - Civil Court to decide all civil suits unless barred - Suit for declaration that decree obtained is null and void and not binding as being obtained by fraud, collusion, illegal and without jurisdiction - Suit in representative capacity - No proclamation in village as required by O.1.R.8 CPC - Held,..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Unclean hands -- A litigant who approaches the Court, is bound to produce all the documents executed by him which are relevant to the litigation - If he withholds a vital document in order to gain advantage on the other side, then he would be guilty of playing fraud on the Court as well as on the opposite party - A judgment and decree obtained by fraud does not operate as..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Consent decree -- Challenged on grounds of fraud and impersonation - Set aside on following grounds - - (i) Summons for service of defendant sent on wrong address, not served upon her. (ii) Advocate alleged to have appeared on behalf of defendant, well acquainted with plaintiff and his father. (iii) Statement of plaintiff in the said suit and advocate reveals that..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Consent decree -- Challenged in civil suit on grounds of fraud & impersonation - Suit resisted on the ground that another decree suffered by the plaintiff in favour of her brother in respect of land situated in other village, inherited from maternal side, therefore, she could very well suffer decree in respect of land inherited from paternal side - Sufferance of the decree..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 11 -- Exparte decree - Res judicata - Exparte decree is as good and effective as a decree passed after contest - Exparte decree operates as res judicata unless the party challenging the decree satisfies Court that ex parte decree was obtained by fraud...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 2, Rule 2, Limitation Act, 1963, Article 64 -- Tenant in possession of agricultural land - Collusive suit filed by third person, against landlord claiming tenancy rights - Suit decreed on the basis of admission of landlord - Tenant forcibly dispossessed - Suit for declaration challenging collusive decree filed by tenant - Collusive decree..........

Showing : 51-60 of 113 Results