Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Money suit by claiming that agreement was void as consent was obtained by fraud and misrepresentation and that it was opposed to basic policy and aimed at unjust enrichment - Leave to defend - Court merely to see whether the defence raised by defendant is substantial with a possibility of..........
Fraud -- Decree or judgment obtained by playing fraud on Court - Such decree is a nullity and non est in the eye of law - If case is founded on false plea or on a claim which is known to be false and documents or transaction which have relevance in deciding claim are suppressed then the same amounts to fraud...........
Evidence Act, 1872, Section 44 -- Judgment or decree obtained by playing fraud on Court - Such decree is nullity and non est in the eye of law - Such decree or judgment has to be treated as a nullity by every court, whether superior or inferior - It can be challenged in any court even in collateral proceedings...........
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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Principle that "fraud vitiates all" cannot be extended to rejection of a plaint - Fraud is a question of fact which is to established during trial...........
Specific Relief Act, 1963, Section 10, 19, 20 -- Suit for specific performance - Agreement to sell - Consent decree suffered by vendor in favour of her daugher-in-law within 15 days of execution of agreement - Execution of agreement and receipt of earnest amount not denied - Vendee always ready and willing to perform his part of contract - Trial Court directed execution of..........
Specific Relief Act, 1963, Section 10, 19 -- Agreement to sell - Subsequent transfer of property by vendor in favour of her daughter-in-law vide Civil Court decree - Civil suit filled by vendor challenging said decree - Rights of vendee sought to be defeated by taking recourse of subsequent event of suffering collusive decree by vendee - Apparent fraud committed by vendor..........
Civil Procedure Code, 1908, Section 100 -- Finding of facts - Scope of interference in second appeal - Consent decree challenged on ground of fraud and misrepresentation - Suit decreed - Lower Appellate Court set aside the judgement of trial Court without adverting to evidence on record - Ample evidence on record establishing fraud & misrepresentation - Findings of lower..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Suffered from act of fraud on part of plaintiff - Same is liable to be set aside...........
Consent decree -- Challenged by party to decree - Grounds available - Decree suffered voluntarily - Challenged after 17 years on ground of non registration - Ground not available to party to the decree - Decree can be challanged only on ground of fraud or collusion or impersonation - Evidence Act, 1872, Sections 44 & 115...........
