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1 - 5 of 5 (0.17 seconds)Indian Bank vs M/S Satyam Fibres (India} Pvt.Ltd on 9 August, 1996
In this connection, a reference may be had to the Supreme Court decisions in the case of Indian Bank v. M. S. Satyam Fibres (India) Ltd., JT 1996 (7) SC 135 and Binoy K. Mukherji v. Mohan Lal Goenka, AIR 1950 Col 287.
Urban Improvement Trust, Jodhpur vs Gokul Narain & Anr on 10 April, 1996
6. Learned counsel for the petitioner placed reliance on the case of Urban Improvement Trust, Jodhpur v. Gokul Narain, AIR 1996 SC 1819. and argued that question of nullity of decree can be set up at any stage Including execution. There can be no dispute about this proposition. However, in the aforesaid case of Urban Improvement Trust, the decree was granted for certain benefits and the same was challenged by the judgment-debtor in the execution proceedings on the ground that the Court granting such benefits did not have jurisdiction to entertain claim. It would thus appear that in the aforesaid case decree was challenged as without Jurisdiction, null and void.
S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993
7. Reliance was also placed on the case of S. P. Chengolvaraya Naidu v. Jagannath, AIR 1994 SC 853. It was also a case where fraud was played upon the Court and in the circumstances. It was held that the preliminary decree passed earlier having been obtained by playing fraud upon the Court, was a nullity.
The Code of Civil Procedure, 1908
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