Constitution of India, 1950, Article 215 -- Court in exercise of its jurisdiction under Art.215 has power to undo a decision that has been obtained by playing a fraud on Court - Fact that Court on earlier occasion declined to interfere either on the ground of delay or on the ground that a second review is not maintainable, cannot deter Court from declaring earlier order as..........
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 judgment cannot be upset on a mere general..........
Civil Procedure Code, 1908, Section 13 -- Exception (d) and (e) - Constitution of India. Article 226 - Habeas corpus - Custody of children - Foreign judgment - Fraud - Principles of natural justice - Respondent wife came to India with her two children from Malaysia - Judgment for custody of his children from Malaysian Court obtained by petitioner by not disclosing the true..........
Fraud -- Avoids all judicial acts - Decree obtained by playing fraud is nullity - Can be challenged in any Court, even in collateral proceedings...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dispensing with waiting period of six months - During pendency of appeal for grant of divorce, an application u/s 13-B of the Act filed to convert it to a petition for divorce by mutual consent - Marriage between the parties had broken down irretrievably and there is no chance of their living together..........
Civil Procedure Code, 1908, Section 115 -- Revisional court - Scope of jurisdiction - Execution of decree pending - Objected to on the ground of having been obtained by playing fraud - Decision of such plea by revisional court - Not within the ambit of jurisdiction...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Basis of letter of credit - Leave to defend - Apparently letter of credit obtained by fraud after showing forged documents - Independent discounting facility extended by bank - Serious triable issue raised by defendant - Entitled to leave to defend...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent before passing of decree - Framing of an issue as to whether consent was obtained by fraud and undue influence is not required - Any party is entitled to withdraw the consent as consent should continue till the passing of decree for divorce by mutual consent...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26 - - Surplus area - Cancellation of allotment - Jurisdiction of Civil Court - Allotment cancelled since allotment of surplus area obtained by playing fraud on the allotment authority - Held that the Civil Court would not enjoy jurisdiction to interfere with such an order of cancelation of allotment - Had the Civil..........
Criminal Procedure Code, 1973, Section 340 -- Exparte divorce decree alleged to be obtained by furnishing false signatures of wife on summons - Signatures of wife taken in Court did not tally with that on summons - Held, merely for this reason husband cannot be said to have committed fraud in collusion with process server - Such fact by itself is not a ground for..........
