Search Results Page
Search Results
1 - 10 of 18 (0.44 seconds)Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors on 7 March, 2007
The Apex Court in the case of Satluj Jal Vidyut (supra) has
summarized the position of law while considering the judgment
in the case of A.V. Papayya Sastry vs. State of A.P. (supra), and
it is held that "the judgment, decree or order obtained by
playing fraud on the Court, tribunal or authority is nullity and
such judgment, decree or order can be challenged in any
Court at any time in appeal, writ, revision or even in collateral
proceedings". Thus, this Court in the present writ petition is
empowered to quash and set aside the consent decrees
obtained by fraud by invoking the inherent powers conferred
under Articles 226 and 227 of the Constitution of India.
United India Insurance Co. Ltd vs Rajendra Singh & Ors on 14 March, 2000
C/SCA/2204/2004 CAV JUDGMENT DATED: 03/03/2023
The Coordinate Bench of this Court has also placed reliance
on the judgment of the Supreme Court in the case of United
India Insurance Company Limited Vs. Rajendra Singh & Ors.,
AIR 2000 S.C.C. 1165. The aforesaid interim order has
become final and has not been challenged by the respondents
before any higher forum. Pursuant to the aforesaid order, the
In-Charge Principal Senior Civil Judge, Vadodara has
prepared a report, which was forwarded to this Court. The
aforesaid report dated 02.01.2006 prepared by In-Charge
Principal Civil Judge, Vadodara, clearly indicates that the fraud
has been committed in the proceedings of Special Civil Suit
No.637 of 2000. In-Charge Principal Civil Judge has observed
thus:
Satluj Jal Vidyut Nigam Ltd. vs Raj Kumar Rajinder Singh(D)Thru Lrs on 24 September, 2018
The Apex Court in the case of Satluj Jal Vidyut (supra) has
summarized the position of law while considering the judgment
in the case of A.V. Papayya Sastry vs. State of A.P. (supra), and
it is held that "the judgment, decree or order obtained by
playing fraud on the Court, tribunal or authority is nullity and
such judgment, decree or order can be challenged in any
Court at any time in appeal, writ, revision or even in collateral
proceedings". Thus, this Court in the present writ petition is
empowered to quash and set aside the consent decrees
obtained by fraud by invoking the inherent powers conferred
under Articles 226 and 227 of the Constitution of India.
K.K. Modi vs K.N. Modi & Ors on 4 February, 1998
In K.K.Modi Vs. K.N.Modi, it was observed that one of the examples cited
as an abuse of the process of the court is re-litigation. It is an abuse of the
process of the court and contrary to justice and public policy for a party to re-
litigate the same issue which has already been tried and decided earlier
against him."
Badami(D) Tr.Her Lr vs Bhali on 22 May, 2012
3.6) In support of his submissions, learned Senior Advocate
Mr.B.S.Patel has placed reliance on the judgements of the
Apex Court in the cases of Badami Vs. Bhali, (2012) 11 S.C.C.
574, Deoki Panjhiyara Vs. Shashi Bhushan Narayan Azad and
Anr., (2013) 2 S.C.C. 137 and Raj Shri Agarwal @ Ram Shri
Agarwal and Anr. Vs. Sudheer Mohan and Ors., 2022 LiveLaw
(SC) 864.