Consent decree -- Obtained by fraud and impersonation - Once it is found that judgment and decree is obtained by fraud and impersonation, then it vitiates all judicial acts...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Obtained by fraud and misrepresentation - Court which passed the order has inherent jurisdiction to set aside the order - No separate civil suit is required to be filed for this purpose...........
Fraud -- Decree obtained by fraud - Benefit of the same cannot be allowed to be taken even if such decree is not challenged in an appropriate forum...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Consent eviction decree - Challenged as being obtained by fraud by putting an imposter - Plaintiff not to be dispossessed during pendency of suit...........
Will -- Execution - Proof - Propounder has to show that the Will was signed by the testator and that he put his signatures to the testament of his own free will and that at the relevant time he was in a sound disposing state of mind and understood the nature and effect of the dispositions and that the testator signed in the presence of two witnesses and attested it in his..........
Insurance claim -- Discharge voucher - There is ample evidence in the form of discharge voucher, acceptance of cheque, its immediate encashment, not making protest or objecting while signing the discharge voucher or encashing the cheque - All this shows that with proper application of free mind without any fraud, misrepresentation and undue influence the complainant..........
Contract Act, 1872, Section 17, Limitation Act, 1963, Article 57 &59 -- Cancellation of document obtained with fraud - To save land from Ceiling Law defendant No.2 counselling plaintiff to transfer his agricultural land by way of will and obtaining plaintiff's thumb impression on blank papers and forging a gift deed and deed of adoption in favour of defendant No.1 and..........
Agreement to sell -- Execution - Proof - Agreement alleged to be result of fraud - Signatures admitted - No witness examined in whose presence his signatures were obtained - Plea of fraud cannot be accepted...........
Civil Procedure Code, 1908, Section 11 -- Eviction order obtained from Rent Controller by playing fraud - Order challenged in suit being null and void - When order is questioned on the ground of fraud, question of applying doctrine of res judicata or dismissal of suit on ground of availability of alternative remedy under Rent Control Act does not arise - Whenever a serious..........
Civil Procedure Code, 1908, Section 151 -- Preliminary decree - Setting aside if obtained by fraud - If once it is held that decree and judgment is obtained by practising fraud then Court has inherent jurisdiction to set it aside and in that event principles of res judicata do not apply...........
