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How to Contest a Court Decree Based on Fraudulent Actions
Court decrees are meant to deliver justice, but what happens when they're tainted by fraud? If a judgment or decree was obtained through misrepresentation, suppression of facts, or deceit, Indian law provides avenues to challenge it. This guide explores how to contest a court decree based on fraudulent actions, drawing from landmark judgments and legal principles. While this is general information—not specific legal advice—understanding these concepts can empower you to take informed steps. Always consult a qualified lawyer for your case.
Understanding Fraud in Court Decrees
Fraud vitiates everything. This age-old principle echoes through Indian jurisprudence. As observed in multiple rulings, Fraud avoids all judicial acts, ecclesiastical or temporal [
Search Results for "How to Contest a Court Decree Based on Fraud"
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
, we feel that the said observations made in the impugned judgment are unwarranted and the historical anecdote is out of context ... Indian Penal Code,1860 - Section 307- Prevention of Corruption Act, 1947- Appeal Against Conviction - First ... speaking, we would be otherwise not constrained to express any opinion on this - Held, In the light of the above decisions of this Court ... The appellants on being aggrieved by the impugned judgment of the High Court has preferred the present #....
1977 0 Supreme(SC) 350 • India - Supreme Court
M. H. BEG, P. K. GOSWAMI, P. N. BHAGWATI, P. N. SHINGHAL, V. R. KRISHNA IYER
... -held, if in the intermediate or final stage of election process ... JURISDICTION UNDER ARTICLE 226 - REPOLL IN AN ENTIRE CONSTITUENCY UNDER ORDER OF ELECTION COMMISSION - CANCELLATION OF ENTIRE POLL ... be challenged only under the provisions of the act - election — meaning - power to cancel poll - Powers of election tribunals - Order ... Independently of natural justice, judicial review extends to an examination of the order as to its being perverse, irrational, bereft ... Speed ....
1998 8 Supreme 176 • India - Supreme Court
S.SAGHIR AHMAD, K.T.THOMAS
Appeal thereagainst was filed before the High Court and still pending. ... which alone could take action. ... Even if such proceedings are not pending either before the Registrar or the High Court, the trial Court, if prima facie satisfied ... It is against this judgment that the present appeal has been filed. ... cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification p....
1993 0 Supreme(SC) 1014 • India - Supreme Court
KULDIP SINGH, P.B.SAWANT
a vital document in order to gain advantage on the otherside than he would be guilty of playing fraud on the court as well as on ... Code of Civil Procedure, Sec. 2 (2) and Sec. 44 of the Evidence Act- decree obtained by ... Suppressing the dommeni disentitling the plaintiff (predecessor-in interest of the Respondents) to claim property in the suit - decree ... The trial Judge accepted the contention and dismissed the application for grant of final decree#HL....
1993 0 Supreme(SC) 906 • India - Supreme Court
B. P. JEEVAN REDDY, K. RAMASWAMY, M. N. VENKATACHALIAH, P. B. SAWANT, S. MOHAN
decisions are taken and orders made from that date - Order accordingly. ... Act, 1919 - Section 96B (2) - Public Servants (Inquiries) Act, 1850 - Section 25 - Civil Services (Classification, Control and Appeal ... orders are passed - Accordingly Court hold that ratio in Mohd. ... On appeal reversed the decree and remanded the matter holding that Lusiana statute of limitation being prospective and the remedy ... If the dismissal order is based on no evidence then the #....
2023 0 Supreme(P&H) 3281 • India - Punjab and Haryana
MANISHA BATRA
... ... Result: Appeal allowed, judgment and decree of the First Appellate Court reversed. ... ... ... Ratio Decidendi: The court reasoned that despite working for over five years, the fraudulent conduct justified forfeiting ... ... ... Findings of Court: ... The High Court upheld the trial court’s decision, indicating that the respondent-plaintiff's actions ... The judgment and de....
2025 0 Supreme(Raj) 2641 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
INDERJEET SINGH, BHUWAN GOYAL
due to fraudulent misrepresentation by the wife and an absence of cohabitation since 08.12.2015. ... The court recognized long-term separation as indicative of an irretrievable breakdown of marriage, warranting a divorce decree. ... (A) Hindu Marriage Act, 1955 - Sections 12 and 13 - Divorce petition filed on grounds of mischief, fraud, and cruelty; the judge ... /law/INDALL17648378845bd4fb~S.13">Section 13 of the Act of 1955 seeki....
2025 0 Supreme(P&H) 487 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
based solely on alleged misrepresentation regarding illness. ... circumstances and ordered remand to the First Appellate Court for a fresh assessment on merits. ... (A) Limitation Act, 1963 - Section 5 - Appeal against order rejecting plaint - Application for condoning delay of 38 days in filing ... of actions. ... It is sort of a defensive action. ... limits fo....
2024 0 Supreme(Telangana) 485 • India - Telangana
G. RADHA RANI
an appeal against a judgment and decree dated 27.09.2019, claiming ignorance of the judgment due to reliance on their counsel. ... days in filing appeal against ex-parte decree – Petitioners failed to show sufficient cause for delay, relying on counsel's negligence ... (Paras 3, 25, 28)(B) Delay in filing appeal – The court reiterated that the burden lies #HL_ST....
2023 0 Supreme(Mad) 373 • India - Madras
S. M. SUBRAMANIAM
instituted with delay - Filed to condone delay of 1781 days in filing appeal suit against judgment and decree - Held, In event of ... to contest case after long delay - Thus Courts are not expected to condone long delay in a mechanical manner - Law of Limitation ... condoning long delay, rights of other parties are prejudiced and other party, who secured decree few years back cannot be in a position ... few years b....
2023 0 Supreme(Guj) 1322 • India - Gujarat
N. V. ANJARIA, J. C. DOSHI
decree was unlawful, fraudulent or actuated by misrepresentation. ... The court accepting the consent terms thereafter, would be passing the decree upon contest. The decree upon contest would have the element of application of mind and adjudication. Decree after such process upon compromise passed, that is upon contest, would become amenable to a separate appeal. ... More importantly, Order XXIII Rule 3A clearly bars a suit to set a....
1937 0 Supreme(Mad) 252 • India - Madras
VENKATASUBBA RAO
In execution of his decree for mesne profits, the eighth defendant had attached the mortgaged properties and on that account he has been impleaded as a party to the present actions. ... The argument based on the doctrine of lis pendens, as the lower Court points out, has no application. Nor is there any substance in the contention, that a charge has been created over the properties in question for the mesne profits awarded. ... The contest in the present appeals is between the plaintiffs, that is, those....
2019 0 Supreme(AP) 7 • India - Andhra Pradesh
D.V.S.S.SOMAYAJULU
Counsel points out that all of these actions are part of a concerted plan to delay and defeat the decree. ... In reply to this, learned counsel for the respondent pointed out that the suit was decreed after contest. He drew the attention of the Court to the judgment and decree passed on 20-03-2014 which clearly shows that a counsel appeared on behalf of the defendants and argued the matter. ... Counsel also points out that a bare averment is made that the petitioner' and her children were misguided by s....
2022 0 Supreme(P&H) 1677 • India - Punjab and Haryana
ANIL KSHETARPAL
The officials of the State of Haryana failed to contest the suit properly, resulting in judgment and decree dated 17.11.1985. ... We have no hesitation to say that a person, who's case is based on falsehood, has no right to approach the court. He can be summarily thrown out at any stage of the litigation". (emphasis supplied)"2. ... The principle of 'finality of litigation' cannot be stretched to the extent of an absurdity that it can be utilized as an engine of oppression by dishonest and fraudulent li....
2012 0 Supreme(Del) 1748 • India - Delhi
KAILASH GAMBHIR
under Section 151 CPC to set aside such a fraudulent judgment and decree dated 22.4.2008. ... Court for recalling the said judgment and decree. ... As discussed above, it is not merely based on the FSL reports that the learned Trial Court had reached the conclusion of the appellant husband playing a fraud upon the Court as well as upon the respondent wife for obtaining the said decree of divorce under Section 13(B)(2) of the Hindu Marriage Act, ... #....
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