Suppression of Material Facts: Can It Void a Court Decree in India?

2024 Supreme(Online)(CG) 4699

Based on the report, F.I.R. was registered and during the course of investigation, it has come that the applicant has obtained money on the same assurance, from 20 other persons also and thereby, he fradulently obtained Rs. 01,15,00,000/- (One Crore, Fifteen Lakh Rupees). ... Case of the prosecution is that, one Mahesh Pal lodged a report in the concerned police station alleging that the applicant had fradulently obtained Rs. 8,00,000/- (Eight Lakh Rupees) on the assurance that he will provide the appl....

2024 Supreme(Online)(MAD) 15196

Even though she has made a claim that the said receipt had been fradulently obtained by the defendants 1 and 2, she had not produced any evidence to substantiate such claim. ... If it was a claim that the same had been obtained fradulently, there was no necessity for her to withdraw the Suit as being settled out of Court. 18. ... While that being so, in the year 2002, a partition deed was sought to be registered by the defendants 1 and 2 in which they had also obtained the signature from the plaintiff ....

2023 Supreme(Online)(MAD) 8962

Learned counsel for the petitioner further submitted that according to the prosecution the question paper was fradulently obtained by A1, who in turn distributed the same to others and ultimately found in the hands of one Raju from where, photo copy was recovered. ... The learned Special Public Prosecutor representing CBI submitted that as per the final report, this petitioner fradulently obtained question paper in advance from Gopalakrishnan (A14) and had conspired along with R.Muthukumarasamy (A29) and in furtherance o....

2024 Supreme(Online)(MAD) 20695

Clause 10 of the Annexure to the aforesaid G.O.states that where it comes to the notice of the issuing authority that the legal heir certificate has been obtained by furnishing false information/suppression of material facts, the same shall be liable to be cancelled by the issuing authority. ... of material information. ... The Commisioner of Revenue Administration and Disaster Management has issued Circular Lr.No.RA5(3)/17167/2022 dated 13.06.2024 providing for punitive measures to be initiated, such as prosecution as a....

The respondent contended, and the District Judge held, that the " decree " there referred to only means a decree existing at the date of the sequestration, Under section 653 sequestration may be obtained where the plaintiff satisfies the Judge that he has a sufficient cause of action against the ... execution of the decree. ... sold in execution of his decree. ... The expression " any person holding a decree " is used in section 660 as the equivalent of " any decree#HL_E....

2023 Supreme(Online)(MP) 22412

Prosecutrix's consent was obtained fradulently, therefore, he should not be enlarged on bail. Heard the learned counsel for both the parties. ... Having considered the rival submissions, material pointed out by the learned counsel for the applicant, age of the prosecutrix, nature of allegations, so also the over all facts and circumstances of the case, without expressing any opinion on the merits of the case, the application

2025 Supreme(Online)(Raj) 8601

The accused-petitioner gained her trust by claiming to assist her in registering her deceased son’s property in her name and accordingly obtained her signature on the forged document by concealing the material facts from her. ... Perused the material available on record. ... Learned counsel for the petitioner submits that as per the prosecution story, the allegations levelled against the accused- petitioner are to the effect that he hatched a conspiracy in fradulently transferring the alleged land of ....

2024 Supreme(Online)(MAD) 42117

It is open to any aggrieved party to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner. 4. ... After her demise, two sale deeds were fradulently registered in favour of Vellaiammal and Velavan. Thereafter, pattas were also transferred in their favour on the basis of the fraudulent documents. ... If the petitioner wants to put up fencing and if there is any objection from any private party, fencing can be put up only after the petitioner obtains decree....

High Court of Karnataka

Defendant No.2 managed to influence the first defendant and obtained agreement for sale in respect of the suit property fradulently and with an intention to defeat the rights of the p style=" ... When these facts and circumstances are not denied by the plaintiffs, they have made half hearted attempt declaring that the judgment and decree passed in OS No.458 of 1993 is not binding on them. ... Brief facts of the case are that, plaintiff Nos.1 to 3 filed the suit for declaration that they are the....

2022 Supreme(Online)(MAD) 2508

The defendants purposely mentioned the lowest value and fradulently obtained the alleged sale deed dated 03.05.2000. ... The Trial Court on appreciation of the oral and documentary evidence and after considering the facts and circumstances of the case, decreed the suit through judgment and decree dated 26.08.2009. ... Considering the facts and circumstances of the case, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. ... The Appellate Court on re-apprec....

2022 0 Supreme(Del) 866

There was no attempt by the Plaintiff to supress any material facts from this Court.

2020 0 Supreme(Mad) 935

As a product of calculated fraud, this decree is a nullity, and consequently it cannot aid the plaintiffs to sustain their claim of title, as they trace their title to Ext.A-2. (i) That in her plaint in O.S. No. 103/2001, Ramamritham had admitted that Karthikeyan (vendor of defendants) was Arumugha Thevar's adopted son, a fact that she disputed in O.S. No. 55/1986 and suppressing this admission of her's, all have colluded and played fraud before this Court and compromised A.S. No. 853/1997 and A.S. No. 456/1998. Had the sale in favour of the defendants by Karthikeyan been brought b....

2018 0 Supreme(Bom) 1456

However, the learned Magistrate though has set aside his own order, he has clearly demonstrated that the order procured from him directing investigation under Sub Section 3 of Section 156 of the Code of Criminal Procedure was a fraud. Therefore, the two Courts below have concurrently held that it was a fraud on the Court and the order was non est and while directing that the order passed by him on 8/6/2015 was set aside, the Magistrate was merely declaring the consequence of the fraud and cannot be said to have exercised a jurisdiction which did not vest in him. Material facts and ....

2010 0 Supreme(MP) 39

Sethi, learned senior counsel for the appellants argued at length and submits that the impugned judgment passed by the learned Appellate Court is illegal, incorrect and deserves to be set aside. It is submitted that the decree was obtained by the respondent under Section 12(l)(h) of the Act fradulently. It is submitted that the only ground on the basis of which the appeal filed by the respondent was allowed was that the suit accommodation has been demolished, therefore, there is nothing of which the possession can be restored. It is submitted that no action was taken by the....

2009 0 Supreme(Del) 988

V. Jagannath [dead] by L.Rs. [1993] 6 JT [SC] 331, wherein it was held that:- The trial Court had dismissed the application but High Court reversed the findings of the trial Court. “In this case Jagannath had obtained preliminary decree for partition by suppressing and not disclosing all the material facts and by misrepresenting the facts obtained a preliminary decree of partition. An application for final decree was opposed on the ground that the preliminary decree was obtained by playing fraud upon the Court.