Showing : 91-100 of 103 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 23, Rule 3-A, Evidence Act, 1872, Section 101-- Compromise decree - Challenged in separate suit as being obtained by fraud - Burden of proof - Whenever a transaction entered at the behest of lawyer is assailed by a litigant, a burden is cast upon the person taking advantage under the transaction to show that transaction was entered into without..........
ALLAHABAD HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte decree - Setting aside - Decree obtained by concealing necessary facts and avoiding necessary parties - Such a decree can only be termed as a decree obtained by fraud on court & collusive - Though O.9 R.13 CPC does not apply, court can set aside such decree by exercising inherent powers..........
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...........
DELHI HIGH COURT
Year of decision: 1992
Details
Partition-- Decree of partition can be challenged by the tenant on the ground that it was obtained by fraud or collusion to create a ground of eviction against him. (Evidence Act, 1872, S.44)..........
BOMBAY HIGH COURT
Year of decision: 1992
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - It is the duty of Court to make enquiry either by hearing or examining parties and only on being satisfied that consent of parties has not been obtained by force, fraud or undue influence pass a decree for divorce - Court has to be satisfied about the bonafides as well..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1991
Details
Consent decree-- Fraud - Thumb impression on written statement as well as power of attorney obtained of some other person and statement given representing herself to be `H' - Decree is non est as such is not required to be avoided - Suit for possession within 12 years is within time. (Limitation Act, 1963 Art.65)..........
KERALA HIGH COURT
Year of decision: 1990
Details
Hindu Marriage Act, 1955, Section 13B-- Mutual agreement by itself is not a ground for granting decree of divorce-It should be associated with other factors such as the spouses have been living separately for one year or more and that they have not been able to live together. Court has to be satisfied that consent has not been obtained..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1985
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of replication - A party to litigation cannot be allowed to set up absolutely a different case by way of amendment of pleadings - Plaintiffs took up plea that decree obtained by collusion - Amendment of replication to set up plea of fraud - Both pleas contradictory to each other -..........
DELHI HIGH COURT
Year of decision: 1975
Details
Civil Procedure Code, 1908, Section 47-- Compromise decree - Objection as to decree obtained by fraud or misrepresentation - S.47 CPC not intended for the purpose of investigating matters relating to the validity of the decree...........
KARNATAKA HIGH COURT
Year of decision: 1973
Details
Civil Procedure Code, 1908, Section 47-- Plea of decree obtained by fraud and misrepresentation - Cannot be gone into by executing Court...........

Showing : 91-100 of 103 Results