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Results of decree obtained by fraud

Showing : 71-80 of 113 Results

KERALA HIGH COURT

Year of decision: 2006
Details

Evidence Act, 1872, Section 44 -- Decree - Setting aside on ground of fraud - The only issue for decision is whether the decree was procured by fraud - Mere non service of summons does not constitute fraud - However decree will be set aside if it is proved to have been obtained by fraudulent suppression of summons - A prior judgment cannot be upset on a mere general..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Fraud -- Avoids all judicial acts - Decree obtained by playing fraud is nullity - Can be challenged in any Court, even in collateral proceedings...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dispensing with waiting period of six months - During pendency of appeal for grant of divorce, an application u/s 13-B of the Act filed to convert it to a petition for divorce by mutual consent - Marriage between the parties had broken down irretrievably and there is no chance of their living together..........

GUJARAT HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Section 115 -- Revisional court - Scope of jurisdiction - Execution of decree pending - Objected to on the ground of having been obtained by playing fraud - Decision of such plea by revisional court - Not within the ambit of jurisdiction...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent before passing of decree - Framing of an issue as to whether consent was obtained by fraud and undue influence is not required - Any party is entitled to withdraw the consent as consent should continue till the passing of decree for divorce by mutual consent...........

CALCUTTA HIGH COURT

Year of decision: 2005
Details

Criminal Procedure Code, 1973, Section 340 -- Exparte divorce decree alleged to be obtained by furnishing false signatures of wife on summons - Signatures of wife taken in Court did not tally with that on summons - Held, merely for this reason husband cannot be said to have committed fraud in collusion with process server - Such fact by itself is not a ground for..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Consent decree -- Obtained by fraud and impersonation - Once it is found that judgment and decree is obtained by fraud and impersonation, then it vitiates all judicial acts...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Obtained by fraud and misrepresentation - Court which passed the order has inherent jurisdiction to set aside the order - No separate civil suit is required to be filed for this purpose...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Fraud -- Decree obtained by fraud - Benefit of the same cannot be allowed to be taken even if such decree is not challenged in an appropriate forum...........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Consent eviction decree - Challenged as being obtained by fraud by putting an imposter - Plaintiff not to be dispossessed during pendency of suit...........

Showing : 71-80 of 113 Results