This tag is associated with 3 posts

Fraud on party also void one = Fraudulently obtained a consent decree with in 3 days on illiterate women = kept quiet for long time and again filed another suit for injunction against the same women basing on earlier decree – where the fraud came to light – All lower courts went on routine manner with out analyzing the evidence – how the decree will be passed against one sharers with out adding co sharers and how the court pass a decree with out hearing the parties under or.10, rule 1 C.P.C. – which clearly discloses a fraud = Allowed the civil appeal and set aside all decrees and judgement of lower courts = “Fraud generally lights a candle for justice to get a look at it; and rogue’s pen indites the warrant for his own arrest.” 26. Ex consequenti, the appeal is allowed and the judgment and decree of the High Court in the Second Appeal as well as the judgments and decrees of the courts below are hereby set aside and as a natural corollary the judgment and decree dated 27.11.1973 is also set aside. There shall be no order as to costs. ““Fraud-avoids all judicial acts, ecclesiastical or temporal” observed Chief Justice Edward Coke of England about three centuries ago. It is the settled proposition of law that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of law. Such a judgment/decree – by the first court or by the highest court – 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.” Smt. Badami (Deceased) By her L.R. ….. Appellant Versus Bhali … Respondent = published in http://judis.nic.in/supremecourt/helddis.aspx

SUIT: Fraudulent suit – Suits for permanent injunction and possession – Based on an earlier compromise decree – Held: All facets of fraud get attracted to the case at hand – A rustic and illiterate woman is taken to court by a relation on the plea of creation of a lease deed and magically in … Continue reading

Criminal conspiracy = Non – examination of witness whether fatal ? – GULAM SARBAR Vs. STATE OF BIHAR (NOW JHARKHAND)- published in judis.nic.in/supremecourt/filename=40871

Criminal conspiracy = Non – examination of witness whether fatal ?         How to prove criminal conspiracy =    The essential ingredients of  Criminal  Conspiracy  are     (i)  an agreement between two or more persons;    (ii) agreement must  relate  to         doing or causing to be done either    (a) an … Continue reading

no arrest during investigation=The allegation made against the petitioner is that he fraudulently obtained a caste certificate and the same was cancelled by the District Collector, Khammam.=The offences alleged against the petitioner are punishable under Sections 420 of IPC and 10, 11, and 12 of the Regulation of Issue of Community Certificate Act 1993 (Act 16 of 1993). Admittedly, the matter is at the stage of investigation. Further, the complaint prima facie reveals some allegations against the petitioner. Hence, this Court is not inclined to quash the proceedings against the petitioner, at this stage. However, in the facts and circumstances of the case, the police are hereby directed to complete the investigation without making arrest of the petitioner and after completion of investigation to file a final report either way before the competent Court.

HON’BLE SRI JUSTICERAJA ELANGO CRIMINAL PETITION No.180 of 2012   ORDER: This Criminal Petition is filed by the petitioner-accused,  under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in Crime No.63 of 2011 of P.S. C.I.D., Hyderabad. The allegation made against the petitioner is that he fraudulently obtained a caste certificate and the same … Continue reading

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