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...........
Damage -- Suit for Damages of Rs. 20 Lac - Whether Court fee is payable in terms of Sec. 7(iv)(f) or schedule II, item No. 17 or Sec. 7(i) - Law discussed - Law laid down in Hem Raj's case, 1993 CCC 48 not correct - Apex Court judgment in Gopala Krishnan Pillai's case, AIR 1967 SC 155 binding precedent - Court fees Act 1870, Sec. 7(i) & (iv)(f)...........
Punjab Land Record Manual -- Para 9.9 - Change of Khasra Girdawari after judgment of Civil Court - Order challenged on the ground that D.C. not competent to change entries when petitioner shown in possession of land in Khasra Girdawari as well as jamabandi - Civil Court holding respondent No. 4 in possession - Judgment attained finality - No irregularity or illegality..........
Criminal Procedure Code, 1973, Section 311 -- Trial - Termination - Trial is not terminated by closing evidence of prosecution and defence or posting case for judgment - Trial is terminated only on pronouncing judgment either acquitting accused or awarding sentence after conviction...........
Judgment -- Retrospective or prospective - Unable to accept that the judgment which clarify and interpret meaning of a word will have only prospective effect...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission can be in any form i.e. either in the pleadings or answering affidavit or in a letter - However, judgment on admission not to be passed unless it is clear, unambiguous and unconditional...........
Evidence Act, 1872, Section 101 -- Burden of proof - Whoever desire any Court to give judgment as to any legal right or liability dependent on the existance of facts which he asserts, must prove that those facts exist - Burden of prove in a suit or proceeding lies on that person who would fail if no evidence was given from either side...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Points for determination - Non mentioning of - Does not vitiate the judgment if Court dealt with all controversies between parties and discussed them...........
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..........
