Showing : 41-50 of 103 Results

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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Consent decree-- Passed on the basis of admission in written statement - Statement of defendant not recorded - By itself not a circumstance to uphold the plea of fraud - Written statement verified by one defendant and even that thumb impression was forged and thus there was no verification of written statement at..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of decree..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 34-- Declaration - If a judgment or a decree is obtained on account of fraud or collusion, a suit for declaration is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Fraud-- Decree obtained by playing fraud on Court is a nullity and non est in the eyes of law...........
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..........

Showing : 41-50 of 103 Results