Showing : 1-9 of 9 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58(4)-- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Territorial jurisdiction - Declaration of title - Relief of declaration sought in relation to property outside territorial jurisdiction of Court - Plaintiff cannot on one hand contend that partnership subsisted and without suing in the name of firm seek a declaration that..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Compromise decree - Setting aside - Fraud - A compromise forming the basis of a decree can only be questioned before the same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred by O.23.R.3A CPC - Expression `not lawful' used in O.23.R.3A CPC..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B-- Creation of fraudulent Will and its registration - Will in question also subject matter of civil suit - Civil suit decreed but appeal thereagainst pending - Civil Court had not framed the issue as to whether will was created fraudulently - Held, there is no bar on simultaneous proceeding in the..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 9, Order 23, Rule 3-A-- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - When allegations of fraud are levelled then it has overtones of criminality - Such a decree can only be challenged in a Court constituted under the Code of Civil Procedure...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3-A-- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - Can be challenged in civil Court - O.23.R.3-A CPC does not bar the institution of a suit before the civil court in regard to decrees or orders passed in suit and/or proceedings under different statutes before a Court,..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3-A-- Compromise decree - Challenged to be fraudulent, inoperative and not binding - Can be challenged before the same Court that recorded the compromise and a fresh suit for setting aside compromise decree is barred - Compromise decree based on a fraudulent compromise falls under O.23.R.3-A CPC...........
SUPREME COURT OF INDIA
Year of decision: 1956
Details
Transfer of Property Act, 1882, Section 52-- Collusive proceeding and fraudulent proceedings - Distinction - In a collusive proceedings the claim put forward is fictitious, the contest over it is unreal and the decree passed therein is a mere mask having the similitude of a judicial determination and worn by the parties with the object of..........

Showing : 1-9 of 9 Results