Showing : 31-40 of 97 Results

PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - Obtained by fraud by suppressing material facts from Court - Court under its inherent power can set aside such order of compromise...........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- Compromise decree - Fraud - Inherent powers of Court - Parties colluded with each other in keeping out applicants from suit and suppressing the fact of his share in suit property and obtained compromise decree by making the Court to believe that all share holders in suit property had settled..........
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..........

Showing : 31-40 of 97 Results