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Decree Obtained by Fraud is Null and Void
Judgments or decrees procured through fraud are considered nullities and unenforceable. Courts have consistently held that proving fraud is essential to declare a decree null and void. For instance, in Jagannath (1994) 1 SCC 1, it was emphasized that non-disclosure of material documents with intent to deceive amounts to fraud, rendering the decree a nullity Abdul Haque Chowdhury VS Abdul Hafez - Calcutta, VEE EXCEL DRUGS & PHARMACEUTICALS LTD. VS HAB PHARMACEUTICALS & RESEARCH LIM. - Delhi, Maheswar Sahu (since dead) VS State of Orissa - Orissa.
Analysis and Conclusion:
A decree obtained by fraud is inherently void and can be challenged in any court, including collateral proceedings. The burden lies on the claimant to prove fraud to annul the decree. Decrees acquired through collusion or concealment of vital facts are invalid and treatable as nullities. -
Nullity Due to Lack of Jurisdiction and Collusion
Decrees obtained without proper jurisdiction or through collusion are also considered nullities. Courts have invalidated such decrees, emphasizing that a decree delivered by a court lacking jurisdiction or obtained via collusion is not binding Chhedi VS Indrapati - Allahabad.
Analysis and Conclusion:
Decrees obtained in excess of jurisdiction or through collusive means can be challenged and set aside, as they are considered nullities under law. -
Marriage Nullity Due to Mental Illness or Fraud
For marriage nullity, the court requires evidence of mental incapacity (lunacy or idiocy) at the time of marriage or fraud in obtaining consent. Slight mental illness is insufficient to annul a marriage; significant mental incapacity or fraud is necessary Benny Mathew VS Philomina - Kerala.
Analysis and Conclusion:
Nullity of marriage on grounds of mental incapacity or fraud requires clear proof, and minor mental issues do not suffice. -
Legal Consequences of Fraud in Obtaining Decrees
Decrees obtained by playing fraud on the court are considered non-est in law and can be challenged at any level, even in collateral proceedings. Such decrees are treated as nullities and do not bind the parties VEE EXCEL DRUGS & PHARMACEUTICALS LTD. VS HAB PHARMACEUTICALS & RESEARCH LIM. - Delhi, Maheswar Sahu (since dead) VS State of Orissa - Orissa.
Analysis and Conclusion:
Fraudulent procurement of decrees fundamentally undermines their validity, making them subject to challenge and nullification. -
Specific Cases and Statutory Provisions
Under the Civil Procedure Code and specific statutes like the Indian Divorce Act, nullity can also be claimed on grounds of fraud or non-disclosure of material facts, especially in cases involving compromise decrees or marriage annulment Chhedi VS Indrapati - Allahabad, Benny Mathew VS Philomina - Kerala.
Analysis and Conclusion:
Proper proof of fraud or concealment is critical to successfully challenge decrees or marriages deemed obtained by fraudulent means.
Overall Summary:
A decree obtained through fraud, collusion, or without jurisdiction is considered a nullity and can be challenged in any court. The burden of proof lies with the party seeking to annul such decrees, and courts consistently uphold the principle that fraud renders a decree void ab initio. Nullity also extends to marriage cases where mental incapacity or fraud is established.
Search Results for "Decree Obtain by Fraud Nullity"
1910 0 Supreme(Cal) 183 • India - Calcutta
DOSS, CASPERSZ
The court held that the plaintiff must prove fraud in order to obtain a declaration that the decree is a nullity. ... The court further held that the plaintiff must prove fraud in order to obtain a declaration that the decree is a nullity. ... Whether the plaintiff could obtain a re-hearing of the questions in dispute in a fresh action by merely changing the form in which ... If the Munsif is satisfied that such fraud#HL_E....
2019 0 Supreme(Mad) 133 • India - Madras
ABDUL QUDDHOSE
without jurisdiction is declared to be a nullity, in view of bar imposed by Honble First Bench of this Court by its order passed ... holder who is a practising lawyer and first respondent/decree holder is also directed to pay a cost of Rs.50,000/- to credit of ... without application of mind has entertained execution petition and has also recklessly awarded compensation to first respondent/decree ... Jaganath(Dead) by Lrs and another reported in (1994) 1 SCC 1 for the proposition that a judgment or a decree obtained by #....
1995 0 Supreme(Bom) 150 • India - Bombay
A.A.DESAI
Final Decision: The High Court allowed the first appeal and set aside the decree of the trial Court granting a declaration ... The Court dismissed the second appeal and confirmed the decree dismissing the rest of the claim in Civil Suit No. 20 of 1972 relating ... Chimote had obtained a declaration that the suit house belonged to him and was not liable to be attached and sold in execution of a decree ... It is explained therein that non-disclosure of relevant and material documents with a view to obtain advantage amount....
2000 0 Supreme(Ker) 541 • India - Kerala
K.A.MOHAMMED SHAFI
Ratio Decidendi: The court emphasized that slight mental illness or disorder is insufficient to obtain a decree of nullity ... in obtaining consent, and the entitlement to a decree of nullity of marriage. ... of nullity of marriage. ... In order to obtain a decree of nullity of marriage under S.19(3) of the Indian Divorce Act, either party should be a lunatic or idiot at the time of the marriage. ... Slight mental illness or mental....
2009 0 Supreme(Del) 301 • India - Delhi
MANMOHAN SINGH
Jagannath, (1994) 1 SCC 1 it has been observed that non disclosure of relevant material documents with a view to obtain advantage amounts to fraud. A judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of the 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.....
1972 0 Supreme(All) 128 • India - Allahabad
T.S.MISRA
COMPROMISE DECREE - CANCELLATION - JURISDICTION - CIVIL COURT - U.P. ... , ARTICLE 59 - SPECIFIC RELIEF ACT, 1963 (ACT NO.47 OF 1963), SECTION 31 - Where a plaintiff seeks cancellation of a compromise decree ... on the ground that it was obtained by fraud or collusion or was delivered by a court having no jurisdiction to deliver it, the suit ... The second contention on behalf of the appellant was that the suit was not cognizable by the Civil Court as according to the allegations of the plaintiff the compromise decree ha....
2019 0 Supreme(Cal) 94 • India - Calcutta
SABYASACHI BHATTACHARYYA
Fraud - Civil Procedure - State Financial Corporations Act, 1951 - [FRAUD] - [CIVIL PROCEDURE] - [State Financial Corporations ... The court also held that the allegations of fraud were not relevant to the latter suit and that the conditions for a review of the ... The court also held that the allegations of fraud were not relevant to the latter suit and that the conditions for a review of the ... Non-disclosure of relevant and material documents with a view to obtain advantage amounted to fra....
1915 0 Supreme(Mad) 202 • India - Madras
S.AIYAR, NAPIER
fraud cannot be treated as nullity between the parties to the decree. ... The decree-holder is not bound to obtain possession through court if the judgment-debtor gives up possession amicably. ... the suit, and the decree-holder is not bound to obtain possession through court if the judgment-debtor gives up possession amicably ... Nukamma 31 M. 485 : 4 M.L.T. 331 : 18 M.L.J. 576 which lay down that a decree of Court, though obtained by collusion in o....
2017 0 Supreme(Ori) 1187 • India - Orissa
A.K.RATH
of the Court: The court found that the State had the right, title, and interest over the suit land, and the judgments and decrees ... Defendants 1 and 2 had relied on forged documents suppressing vital facts in the plaint to obtain the decree in their favour. The same is fraud on court. Decree in Title Suit No.171 of 1991 is a nullity and not binding on the plaintiff. ... The plaintiff managed to obtain ex parte decree by suppressing the facts. ... ....
1989 0 Supreme(AP) 284 • India - Andhra Pradesh
S.S.M.QUADRI, K.A.SWAMI
or other allegations a personal decree cannot be passed and such a decree would be a nullity It is open to the executing Court to ... nbsp;Consequently, directors are personally liable to persons who lend money to the Company only if they obtain ... against directors when no fraud is alleged against them - Decree enforceable only against assets of Company ... ( 4 ) WHEN the matter came up before a learned single judge of thiscourt, it was contended that a joint and several de....
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