Showing : 1-10 of 14 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A-- Consent decree - Setting aside - Fraud - Respondent No.1 in collusion with third party obtained consent decree by practicing fraud upon Court in respect of suit premises - Since no authority had been given to respondent No.1 to execute the power of attorney in favour of third party on behalf of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment - Necessary and proper party - Petitioners pleaded that mill is the property of joint family - Preliminary decree for partition was obtained by them - 2nd respondent did not file any counter, disputing the claim made by petitioners - Allegation of petitioners that 1st respondent is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Objections - Framing of issues - Decree whether obtained by collusion of D.H. with J.D. - Question of fact is involved - To be decided after framing of issues and affording an opportunity to parties to lead evidence...........
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 legal heirs known to him and 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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Consent decree-- Fraud - Decree of Civil Court obtained by wife from husband - Circumstances indicate that appellant/husband is a simpleton, fact admitted by respondent/wife, was misled in putting his thumb impression on papers on the pretext of getting the land partitioned with collateral, coupled with..........
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..........
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..........
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...........
ALLAHABAD HIGH COURT
Year of decision: 1994
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Compromise decree obtained by fraud and collusion and with object to defeat rights of transferee pending litigation - Liable to be set aside - Not binding on transferee...........

Showing : 1-10 of 14 Results