Family settlement -- Suit claim admitted by defendant - Decree passed - Held, if there is no fraud in passing the decree then decree is good and valid decree and cannot be ignored on the ground that the same is not registered...........
Civil Procedure Code, 1908, Section 2(2) -- Consent decree - Claim of plaintiff admitted by defendant, decree passed on the basis of admission and no fraud in passing the decree - Decree good and valid - Cannot be ignored on the ground that same not registered - Bachan Singh's case 2002 (1) PLJ 59 SC Followed - Registration Act, Section 17(2)(vi)...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Recall/review of decree on ground of fraud - Recall/review petition does not lie if one party plays fraud on the other - Aggrieved party has to file a separate suit - If fraud is played on Court only then review petition is maintainable u/s 151 CPC...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Recall of decree - Wife alleged consent obtained by fraud - Wife failing to prove the alleged fraud - Wife graduate and her brother an Advocate - Wife never complained about fraud played by husband to anyone in spite of having several opportunities - Wife might have decided to go for divorce by mutual..........
Cancellation of decree -- Earlier suit proceeded ex parte against petitioner due to his non appearance - Suit is not maintainable in the absence of allegations of fraud or misrepresentation - Plaintiff failing to establish that suit was decided without issuing notice to him - Held, suit is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree obtained by fraud - Held, Executing Court can look into the validity of the decree if allegation of fraud is attached to such decree by one of the parties to the compromise...........
Fraud -- Judgment and decree obtained by playing fraud upon Court is a nullity and non est in the eye of law...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 17, Article 127 -- Limitation Act does not make any distinction between a mere application to set aside sale in execution of decree and an application to set aside sale on ground of irregularity or fraud - They are governed by Art.127 - Application when based on fraud limitation starts to run only..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Fraud committed by wife by not disclosing her true age and her marital status at time of marriage - Wife deliberately suppressed material facts that her ex-husband had committed suicide because of harassment meted out to him by her - Evidence showing that wife left home with intention not to come back -..........
Criminal Procedure Code, 1973, Section 195, 340, Indian Penal Code, 1860, Section 467, 468, 420 -- Impersonation in Court - Decree for declaration to be owner in possession passed on that basis - FIR lodged by real owner - Sought to be quashed on the ground that complaint could be filed by the Court where the fraud was committed in view of bar of Ss.195, 340 Cr.P.C. -..........
