Fraud Vitiates Solemn Proceedings And Such Plea Can Be Set Up Even In Collateral Proceedings: SC [Read Judgment]

Asserting the principle of fraud vitiates everything, the Supreme Court has observed that fraud vitiates the solemn proceedings and such plea can be set up even in collateral proceedings immaterial of the label of proceedings.The bench comprising Justice Arun Mishra and Justice S Abdul Nazeer made this observation in Satluj Jal Vidyut Nigam vs. Raj Kumar Rajinder Singh.The Himachal. Asserting the principle of fraud vitiates everything, the Supreme Court has observed that fraud vitiates the solemn proceedings and such plea can be set up even in collateral proceedings immaterial of the label of proceedings. Taking note of the history of this litigation, the bench said: “The facts project how a litigant has filed a slew of litigations one after the other and faced with a situation that it was likely to be dismissed, he would withdraw it; again, file it on new grounds, or having lost it, would withdraw it again at appellate stage, and in the meantime, in different proceedings by playing fraud, getting unjust enrichment by receiving compensation at the expense of public exchequer.” The reference court had awarded Rs.1 lakh per bigha to the jagidar. Setting aside the high court order, the bench observed that in the case the principle fraud vitiates is clearly applicable, it cannot be ignored and overlooked under the guise of the scope of proceedings under Section 18/30 of the Land Acquisition Act.