Showing : 11-20 of 22 Results

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...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20-- Exparte divorce Proceedings - Setting aside - Summons not duly served - No occasion to effect substituted service by way of affixture unless shown that service was refused - Decree obtained in fraudulent manner in undue haste to perform remarriage - Conduct of husband extremely dubious - Decree..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Limitation Act, 1963, Article 59-- Consent decree - Fraudulent decree - Suit to set aside - Limitation - Suit filed about five years after passing of the consent decree - Fraud came to notice about two and half month before filing of the suit - Such decree is nothing but a nullity - Held, suit is filed within time...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Consent decree-- Fraudulent decree - A nullity - The day suit was filed, written statement was also filed on the same day, evidence of parties also recoded on the same day and judgment was also made ready alongwith a decree on the same day - Held, this by itself is sufficient to raise serious doubts in the minds..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 24, 25, 206, 421, 424, 207, 208, 210, 243, 246, 247, 248, 249, 250, 251, 252, 253, 261, 264, 265, 266, 415, 416, 417, 418, 419, 420, 422, 423, 463, 464, 465, 466, 467, 468, 469, 470, 471, 474, 477, 496-- Fraudulently - A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise - Term 'fraudulently' is mostly used with the term 'dishonestly' which means 'Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Limitation Act, 1963, Article 64-- Tenant in possession of agricultural land - Collusive suit filed by third person, against landlord claiming tenancy rights - Suit decreed on the basis of admission of landlord - Tenant forcibly dispossessed - Suit for declaration challenging collusive decree filed by tenant - Collusive decree held..........
KERALA HIGH COURT
Year of decision: 2006
Details
Evidence Act, 1872, Section 44-- Decree - Setting aside on ground of fraud - The only issue for decision is whether the decree was procured by fraud - Mere non service of summons does not constitute fraud - However decree will be set aside if it is proved to have been obtained by fraudulent suppression of summons - A prior..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Decree-- A fraudulent decree can neither create nor take away any rights...........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 52, 53-- Lis pendens - Applicability - Lis pendens starts from presentation of suit and continues till decree is executed - Private sale made by J.D. who is aware of decree and of attachment made before judgment and who has no evidence to prove that transfer is for consideration, has to be held fraudulent..........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Applicable to consent decree only when consent honest and not fraudulent - If final decision in pending litigation brought about by fraud or collusion - Decision cannot affect rights of transferee pendente lite...........

Showing : 11-20 of 22 Results