Showing : 31-40 of 93 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Order obtained by fraud - Setting aside of - Application u/s 151 CPC - Maintainability - Held, an application u/s 151 of CPC can be moved to set-aside an order obtained by fraud practised upon Court or where Court is mislead by a party or Court itself commits a mistake which prejudices a party,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 8, 9-- Dismissal of suit U.O.9.R.8 CPC - Another suit filed with the same subject matter by concealing the fact of dismissal of earlier suit - Decree passed in such a suit is fraud on Court - Civil Court is competent to declare such decree as illegal, which has been obtained by committing fraud on Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Suppression of a material fact-- Amounts to fraud with Court - Decree obtained by playing fraud upon Court is illegal and Court is competent to set aside such decree...........
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..........
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..........
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..........
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..........
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..........

Showing : 31-40 of 93 Results