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Feb 18 1988 (HC)

K.S. Mariyappa Vs. K.T. Siddalinga Setty

Court : Karnataka

Reported in : ILR1989KAR425; 1989(1)KarLJ150

..... no. 1 had come to know about the division of properties pursuant to the preliminary decree passed in the previous suit and the fraud or collusion, if any, between the plaintiffs and the defendants in the previous suit in obtaining a decree for partition. as such the suit ought to ..... therefore, they have no right to reopen the partition. the case of the plaintiffs that the 1st plaintiff became aware of the alleged fraud and collusion only on 15-7-1973 has already been rejected. it is relevant to notice that the father of the plaintiffs filed an application for setting aside ..... passed in o.s. no. 28/ 52-53 on the file of the district judge, mysore were nullity because they were tainted with fraud and collusion; but such a relief if granted, in effect results in setting aside the preliminary and final decrees. in fact, without getting the preliminary and final ..... in what manner and with what object or purpose etc., must be averred. therefore we are of the view that the plaint does not contain necessary averments of fraud and collusion. (see: subhashchandra v. ganga prasad : [1967]1scr331 , afsara v. saleman : [1976]2scr327 and varavasya sanskrit vishwavidyalaya v. rajkishore : (1977)illj85sc .10. ..... items if necessary) shall be stated in the pleading. therefore, it is necessary for the party pleading if it relies upon any fraud and/or collusion to give necessary particulars of fraud practised with date/s. the particulars pleaded must be such as to give the nature of fraud and the manner .....

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Feb 27 1932 (PC)

Mt. Siraj Fatima and ors. Vs. Mahmood Ali and ors.

Court : Allahabad

Reported in : AIR1932All293

..... other necessary conditions exist, is conclusive. an exception as it were in favour of being allowed to plead that the judgment was obtained by fraud or collusion is made by section 44, evidence act. can any such exception be made in favour of negligence? section 2, evidence act, declares that on and ..... by the defendant is of course relevant, and section 44, evidence act declares that evidence directed to show that the judgment was obtained by fraud or collusion is relevant. so far whether section 44 be regarded or not as engrafting an exception on section 11, civil p.c. the decision is clear. ..... substantive right that may exist independently of that act. section 44 is merely permissive and not prohibitive. it allows a party to prove fraud and collusion in order to avoid a judgment or order. but it does not go further to prevent him from adducing evidence of negligence of his guardian, ..... appears that the usual practice there is to allow review in a case where negligence is asserted am remedy by a separate action where fraud or collusion is asserted. but no difficulty arises in england whore these provisions are part of the common law and are not contained in any statutory enactments ..... plaintiffs sought to avoid the effect of the revenue court partition by alleging the negligence of their guardian in addition to their allegations of fraud and collusion. the finding of the lower appellate court that under the circumstances of this case there was gross or culpable negligence on the part of the .....

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Aug 05 1954 (HC)

Basudeo Ramgovind Vs. Vachha and Co.

Court : Mumbai

Reported in : AIR1955Bom126; (1954)56BOMLR1136; ILR1954Bom1433

..... of the defendant, and the applicants must look to their client -- the plaintiff -- for payment of the costs due to them.undoubtedly if by collusion between the plaintiff and the defendant an attempt is made to defeat the applicants of their right against the plaintiff to recover costs which are payable to ..... for the plaintiff's solicitors to attack the agreement.there is hardly any suggestion in the affidavit of the applicants that there was anything fraudulent or collusive in the agreement between the parties with regard to the settlement of the suit for rs. 14,500. the real grievance of the plaintiff' ..... was clearly intended both by the plaintiff and the defendant to defraud the plaintiff's solicitors.16. mr. parpia says that when serious charges like collusion and fraud are preferred against a party the court should be reluctant to permit the solicitor to enforce his lien by a summary procedure and ..... has a prior claim for his costs. therefore; the equitable jurisdiction of the court would only be exercised in two cases: (1) where there is collusion between the parties fraudulently to deprive the solicitor of his claim for costs, and (2) where the solicitor gives notice to the other party of ..... far as it rested on the alleged breach of lien was not pressed but the applicant relied on the facts which it was contended disclosed fraudulent collusion. then he said that in those particular circumstances it was the practice of that particular court not to dispose of the matter in a summary .....

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Mar 02 1982 (HC)

Chekuri Venkararaju Vs. Kaza NazeeruddIn and ors.

Court : Andhra Pradesh

Reported in : AIR1983AP431

..... that in itself would be no reason for holding that the entire estate of the deceased is not represented unless the circumstances like fraud or collusion existed'.26. if the theory of doctrine of representation applies as held herein the only question would be whether the legal representatives brought on ..... be as sufficiently represented if the suit was instituted bona fide against the alleged legal representaitve and the decree was obtained without any fraud or collusion between the parties. the binding nature of the decree is not limited only tothe items of property in the possession of the alleged legal ..... by oral or documentary evidence to infer that he had knowledge of the plaintiffs relationship with the judgment debtor and suppressed that fact fraudulently or collusively. in fact if he had known about their claim he would not have takne the risk of purchasing the property without their being impleaded as ..... delivery of the same through court.15. it is significant to note that even as per the plaint allegations there ws no fraud or collusion between the auction purchaser and the decree-holder or defendants 2 to 7 who are admittedly the legal representatives of the judgment-debtor excepting the ..... be held binding upon all persons interested in the estate. the court will undoubtedly investigate. if invited whether the decree was obtained by fraud, collusion or other means intended to overreach the court. the court will also enquire whether there was a real contest in the suit and may for .....

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Apr 22 1948 (PC)

Laxmi NaraIn Godadia Vs. Mohd. Shafi Bari and ors.

Court : Punjab and Haryana

Reported in : AIR1949P& H141

..... 'for fear of the mussalmans and getting apprehensive lest there should be a clash in case of a disclosure' they dishonestly, fraudulently and collusively relinquished whatever minor rights they had secured under the decree in the first suit and they practically showed that the mosque had no right to ..... to do something which a reasonable man guided by those considerations which or dinarily regulate the conduct of human affairs would do. fraud and collusion, on the other hand, are positive acts committed with the object of deceiving or injuring some one. in webster's new international dictionary ..... negligence by parties litigating on behalf of public interest. while dealing with the question whether negligence of any kind could be treated as fraud or collusion, this is what lord thankerton who delivered the judgment of their lordships remarked:the provisions of section 11, civil p.c., are mandatory, ..... all along acted honestly, without any fraud or collusion. the trial sub-judge, while deciding issue no. 12, held that no dishonesty had been proved against the defendants and that they had been ..... both sides were fully conscious of the points involved in the case and while the plaintiffs strove to establish negligence as well as fraud and collusion, the defendants, i.e., the members of the committee, did their best to controvert the plaintiffs' allegations and to establish that they had .....

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Jan 23 1979 (HC)

Vellappan Vs. Peter Thomas

Court : Kerala

Reported in : AIR1979Ker194

..... the power to decide cases in which the orders are attacked on the ground of fraud or collusion. this needs necessary pleading and proof. the appellate authority can only hear and consider the correctness of the order of the land tribunal with ..... two questions arise: one, whether the appellate authority has in an appeal so filed the jurisdiction to go into the question of fraud or collusion. is its jurisdiction only conterminous with the jurisdiction of the land tribunal. the appellate authority constituted under the act cannot be deemed to have ..... lends support to the view that civil courts have, notwithstanding statutory ouster of jurisdiction in special statutes, jurisdiction to decide cases based on fraud or collusion. 26, the learned counsel for the appellant, then took me through the scheme of section 72 of the kerala land reforms act. what he ..... tribunals, that, where it is definitely, and with sufficient precisionand particularity, alleged, and substantially proved, that the decision was obtained by fraud or collusion, a good affirmative answer is thereby established to any prima facie case of estoppel founded on such decision as a res judi-cata, or to ..... . lord coke says, it avoids all judicial acts, ecclesiastical or temporal'. the avoidance of a judicial act on the ground of fraud or collusion is effected not only by active proceedings for rescission (which class of case does not concern the present discussion, because an action or motion .....

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Apr 12 2006 (HC)

H.S. Chetan (Since Deceased by His Lrs. Leelavathi @ Leelamma W/O. K. ...

Court : Karnataka

Reported in : 2008ACJ191; 2007(6)KarLJ381; 2007(4)AIRKarR192; AIR2007NOC1642(DB).

..... amount paid at tumkur75,000/-rental amount paid at bangalore25,000/-total15,69,689/-67. for the foregoing reasons, we are satisfied that the insurer-appellant has failed in establishing collusion between the claimants and the owner-insured as also the allowed fraud in their conduct. while discounting all such contentions as untenable, we term it as uncharitable, specially, ..... to deceased chetan kumar after detailed investigation by the jurisdictional police officers, is admittedly not questioned by the insurance company till now. therefore, we must observe that when a collusion between the claimants and insured, is has alleged to attribute fraud and deceit to the claimants, it is incumbent upon the person who alleges so to prove it by ..... third question posed in this appeal to uproot the finding of the tribunal regarding the act of negligence is the alleged fraud attributed to the claimants and the attribution of collusion between the claimants and the owner- insured of the offending vehicle bearing registration no. ka-06 - 8818.30. to consider whether the insurance company had established these contentions ..... application under provision of section 170 of the motor vehicles act seeking permission of the tribunal to contest the case claimed on all grounds in view of the alleged collusion between the owner and the claimant. the insurance company had specifically highlighted the unholy nexus between the claimants and the insured-owner which aspect was taken into consideration by .....

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Sep 25 2001 (SC)

Biswanath Poddar Vs. Archana Poddar and anr.

Court : Supreme Court of India

Reported in : AIR2001SC2849; JT2001(8)SC121; 2001(6)SCALE461; (2001)8SCC187

..... the second respondent in the miscellaneous case filed before it are devoid of any merit, hence, non-consideration of the question of fraud and collusion does not in any manner detract the legality of the decree of eviction obtained by respondent no. 1 which is also binding on respondent no ..... the landlord need not have impleaded the second respondent in his suit for eviction. in such circumstances, in our opinion, the allegations of fraud and collusion in obtaining the eviction decree become purely academic.17. therefore, in our opinion, the trial court was justified in coming to the conclusion that ..... acquiring a tenancy right by a sub-tenant, came to the conclusion that since the second respondent had raised the question of fraud and collusion specifically in its objections and the appellant had denied the same, the executing court was duty bound to have decided this question in accordance ..... cannot claim any lawful right which is claimed in the miscellaneous case. it also incidentally held that it cannot be said that there was a collusion between the appellant and the first respondent herein.4. being aggrieved by the said order of the executing court, the second respondent herein preferred ..... it was contended that the tenancy in its favour was with the consent of the appellant and the eviction decree was obtained by fraud and collusion behind the back of the second respondent. the trial court after perusing the evidence adduced and considering the arguments of the parties held that .....

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Feb 19 1969 (HC)

Haria Vs. Gaon Sabha of Villages Dera Mandi

Court : Delhi

Reported in : 5(1969)DLT624

..... their attention on the question of collusion. panchayat was passed would show that in the statutory sense the panchayat was nto aware of the suit. even if the individual members of ..... unless proved to be wrong by haria. i, thereforee, find that the decree in suit no. 810 of 1962 was obtained by haria in collusion with the then pradhan, bhondu ram. this finding is sufficient for the decision of this appeal and the learned lower court also should have concentrated ..... unless proved to be wrong by haria. i, thereforee, find that the decree in suit no. 810 of 1962 was obtained by haria in collusion with the then pradhan, bhondu ram. this finding is sufficient for the decision of this appeal and the learned lower court also should have concentrated ..... directions were binding on the pradhan. the fact that he ignored the directions and refused to defend the suit is a complete proof of his collusion with haria. the departmental instructions and the statutory directions were both disregarded by him without any justification whatever. the instructions and the directions had also ..... friends in making successful claims against the lands vested in the gaon sabhas by colluding with their friends and enabling the friends to obtain such collusive decrees against the gaon sabhas. the government, thereforee, issued a notification on 5-4-1960 as per exhibit p-l, specifically enjoining upon .....

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Oct 28 1919 (PC)

M.R. Venkatrama Aiyar Vs. the South Indian Bank, Limited, Through Its ...

Court : Chennai

Reported in : (1920)38MLJ108

..... in this case. as the learned subordinate judge remarks in paragraph 43 of his judgment, ' after reading their evidence it is not possible to find that there can be any collusion between nataraja aiyar and the 1st defendant in the conduct of those proceedings' (see also venkatarama aiyar v. nataraja aiyar : (1913)24mlj235 which contains the report of those hotly ..... or careless in defending his rights. as regards judgments the conclusion is thus stated (page 486). 'it follows from the principle suggested that a judgment obtained without fraud or collusion and which concludes the debtor, whether rendered upon default, confession, or after contestation is upon all questions affecting the title to his property conclusive evidence against creditors to establish first ..... the 1st defendant. on the evidence no other conclusion was possible. the other defendant in the suit lakshmana chetty, was proceeded against through his agent at negapatam, narayana sastri. collusion is not alleged but as to fraud the subordinate judge, as i understand him, is of opinon that the impleading of narayana sastri as the agent of lakshmana chetty was ..... of this nature. the subordinate judge found that there was no consideration for the promissory note, and that except, in one particular, there had been no extrinsic fraud or collusion in obtaining the decree.4. on the questions of law, he found that the suit was maintainable and granted the plaintiffs the declaration and injunction prayed for. the first defendant .....

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