CUSTOM SEARCH

TOPICS AVAILABLE IN THIS BLOG

Order of a Competent Court Could Not Be Set Aside as Void in Collateral Proceeding 2011 SC

READ FULL JUDGMENT
Justice P. SATHASIVAM and Justice Dr. B.S. CHAUHAN in the case of Inderjit Singh Grewal VS State of Punjab & Anr. Decided on 23-08-2011 has laid down following Ratio “Where a person gets an order / office by making misrepresentation or playing fraud upon the competent authority, such order cannot be sustained in the eyes on the law. A void order passed by a Court or authority could be ignored or set aside only by initiating appropriate proceeding before an appropriate Forum. A person who obtained an order by playing fraud on the Court or authority is not entitled to challenge that order by alleging such fraud. Even in the proceeding for divorce by mutual consent, there is an obligation on the part of the court to make every endeavour to bring about reconciliation between the parties. In the proceeding for divorce by mutual consent, for granting divorce, the Court has to be satisfied about the existence of mutual consent between the parties on some tangible materials which demonstrably disclose such consent.”

No comments:

KARNATAKA LAND LAWS