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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, RAJESH RAI K.
Muniraja Reddy, S/o. The Late Rama Reddy – Appellant
Versus
State Of Karnataka, Department Of Revenue, Represented By Its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. the maxim 'fraud unravels all' applies to the review of grants. (Para 1 , 2 , 3) |
| 2. claims must be substantiated with valid documentation per the inams abolition act. (Para 4 , 5 , 6 , 7) |
| 3. discrepancies in documentation invalidate claims of ownership. (Para 11 , 12) |
| 4. judicial verification of claims is necessary in cases of suspected fraud. (Para 26 , 32 , 36) |
JUDGMENT :
'Fraus Omnia Vitiat, the maxim can be translated as fraud unravels all. The issue that we are called upon to consider in this batch of writ appeals is whether the maxim applies to the facts of the instant case.
Writ Appeal No.789/2023 is filed by respondents No.3, 4 and 5 in Writ Petition No.9179/2020 being aggrieved by the common judgment dated 07.02.2023 passed by the learned Single Judge inasmuch as it allows Writ Petition No.9179/2020 filed by Shri. K.R. Sudhir and Shri. A.Mahaboob Pasha.
Shri. B.L. Sanjeev, learned counsel appearing for BWSSB.
4. The learned Single Judge has succinctly stated the facts of the instant case.
5. Relying on the orders of grant, rights in succession and Sale Deeds allegedly executed by the grantees, then successors in interest and further successive sale deeds, the wri
Fraud vitiates all judicial acts; claims of land ownership based on fraudulent documents cannot establish valid title.
The Deputy Commissioner cannot cancel land grants without proper authority and notice, and claims of forgery must be substantiated by credible evidence.
Fraud vitiates all solemn acts and any instrument obtained through fraud is void.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
The court emphasized the necessity of adhering to principles of natural justice, ruling that all parties must be included in property disputes to ensure fair adjudication.
The exercise of revisional power under the Telangana Rights in Land and Pattadar Pass Books Act after a significant delay is improper and violates principles of natural justice.
The court ruled that delayed administrative actions undermining property rights must be resolved through civil courts, emphasizing the importance of timely legal recourse.
Fraud vitiates all judicial acts; judgments obtained by fraud are null and void, as established in the Indian Contract Act, 1872.
The correction of land records must follow statutory procedures under Section 32 of the Land Revenue Act, and orders issued against deceased individuals are void.
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