Search Results for "Collusive decree"

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Supreme Court Dismisses Appeal Against Concurrent Findings of Collusive Decree in Property Dispute. The Court upheld the lower courts' conclusion that a decree obtained by collusion was not binding on the plaintiffs, and purchasers under a subsequent sale deed were bona fide purchasers.

The appeal arose from a property dispute where the original plaintiff, Jaspal Singh, residing in West Germany, authorized Kidar Singh via a special po...

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Bombay High Court Dismisses Second Appeal Challenging Ceiling Proceedings: Collusive Partition Decree Not Binding on State. Findings of Maharashtra Agricultural Lands Ceiling Authorities, Confirmed by Supreme Court, Held Binding on Plaintiff Despite Alleged Family Arrangement.

Background: The litigation originated from a dispute over agricultural land declared surplus under the Maharashtra Agricultural Lands (Ceiling on Hold...

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High Court of Karnataka Quashes Compromise Decree in Title Suit Due to Fraud and Fabrication — Lok Adalat Decree Set Aside as Collusive and Without Proper Verification. Compromise Decree Obtained by Fraud is a Nullity and Can Be Challenged Under Article 227 of the Constitution of India.

The petitioner, Smt. Padmavati, originally filed a writ petition challenging a compromise decree dated 27.09.2010 passed in O.S. No.243 of 2010 on the...

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High Court of Karnataka Quashes Compromise Decree in Lok Adalat for Abuse of Process. Court finds that a compromise decree passed in Lok Adalat without proper verification of parties and without ensuring free consent is a nullity and liable to be set aside under Article 227 of the Constitution.

The petitioner, Smt. Akkubai, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of a compromise decree da...

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Supreme Court Allows Appeal: Stranger to Compromise Decree Can Challenge It by Separate Suit — Order 23 Rule 3A CPC Does Not Bar Such Suit

The appeal arose from a suit filed by the appellant, Triloki Nath Singh, seeking a declaration that a compromise decree dated 15 September 1994 passed...

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Gujarat High Court Quashes Attachment Order in Execution Proceeding Due to Lack of Notice to Third-Party Purchasers. Attachment of properties purchased prior to decree set aside as executing court failed to issue notice under Order 21 Rule 54 CPC to bona fide purchasers.

The petitioners, Shashikant Arvindkumar Rajput and others, filed a Special Civil Application under Article 227 of the Constitution of India before the...

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Bombay High Court Allows Wife's Challenge to Family Court Order for Decree on Admission in Divorce Case — Order XII Rule 6 CPC Not Applicable Where Parties Allege Cruelty on Different Facts. Family Court Cannot Suo Motu Pass Decree on Admission Without Clear Admission of Same Cause of Action.

The petitioner wife filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty. The respondent husb...