Section 44 in The Indian Evidence Act, 1872
44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
Any party ... court not competent to deliver it, or was obtained by fraud or collusion. Opinions Of Third Persons, When Relevant
erroneously refunded, for any reason other than the reason of fraud or collusion or any wilful mis-statement or suppression of facts or contravention ... short-levied or short-paid or erroneously refunded, by reason of fraud or collusion or any wilful mis-statement or suppression of facts, or contravention
erroneously refunded, for any reason other than the reason of fraud or collusion or any wilful mis-statement or suppression of facts or contravention ... short-levied or short-paid or erroneously refunded, by reason of fraud or collusion or any wilful misstatement or suppression of facts, or contravention
negligence is either included in fraud or stands on exactly the same footing. In the case of fraud or collusion not only the guardian ... fraud, the opposite party may bo wholly innocent. Where the conduct of the opposite party has been tainted by fraud or collusion
nullity in as much as the same were tainted with fraud and collusion. They also sought for a decree for partition and separate possession ... share. Even to this patent fraud the defendants 5 and 6 have not objected and thus fraud and collusion played by them as prima facie
subsequent suit even if he has not succeeded in proving fraud or collusion on the part of such guardian."
2. I understand that ... fraud, negligence, error or new matter. He says (and I shall refer to this again later):
"Fraud may be a cage of direct collusion
Central Excises and Salt Act, since there was no fraud, collusion or any wilful mis-statement or suppression of facts and (ii) that the notice ... proviso to that Sub-section (1) which refers to cases of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention
ground and also on the ground that it was obtained by fraud or collusion.
32. On behalf of the appellant it has been urged that ... delivered by a competent Court or was obtained by fraud or collusion. Section 41 enacts that a final decree of a competent Court
even when it is proved that the order was secured by fraud or collusion. Is the ouster of jurisdiction of the civil Court so complete ... civil Court ineffective even to go into such vitiating circumstances as fraud and collusion. According to me, to answer this question in the affirmative will
excise was not levied/short-levied or short-paid because of fraud collusion or wilful misstatement or suppression of facts, etc., arid accordingly the impugned ... fraud. Fraud unravels everything," [quoted from R. v. Wolverhampton Crown Court exp. Crofts (1983) 1 W R 204]. For an act of fraud, collusion
