Showing : 1-10 of 95 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Decree passed - Wife seeking setting aside of decree - Plea that decree of divorce by mutual consent was obtained by coercion, fraud and misrepresentation and was thus null and void and hence did not affect the marriage between the parties - One fails to appreciate what..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B-- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B, 23(1)(bb)-- Divorce by mutual consent - S.23(1)(bb) of Hindu Marriage Act casts an obligation upon courts in the matter of divorce by mutual consent to satisfy itself that consent has not been obtained by force, fraud or undue influence - Court is obliged to make requisite inquiry in the matter before..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B, 28, 23(1)(bb), 13B-- Divorce by mutual consent - Appeal against decree - Appeal is maintainable, if consent is obtained by force, fraud or undue influence...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3-- Ex parte decree - Setting aside - Forgery committed in getting the ex parte decree - Land in dispute recorded in the name of `Surendra Singh' but written statement filed by one `Sahendra Singh' - Written statement not filed by competent person - There was apparent forgery committed in filing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35-- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of S.34 Specific Relief Act enable the petitioner to..........
KERALA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 12-- Annulment of marriage - To get relief it has to be alleged and proved that certain material fact relating to mental illness of respondent was suppressed and consent obtained by fraud by suppressing such material fact relating to respondent and in case it was disclosed earlier, he would not have..........
KERALA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 12(1)(c)-- Annulment of marriage - Suppression of mental illness of wife - Husband came to know about suppression of mental illness of wife within 5 months of marriage - He left the house and immediately filed petition for annulment of marriage - Evidence on record that wife was suffering from mental illness..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 4, Indian Contract Act, 1872, Section 17-- Fraud - It must be proved and not merely alleged and inferred - A mere concealment or non disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive does not render a decree obtained by a party as fraudulent...........

Showing : 1-10 of 95 Results