Illegality Can't Perpetuate On Mere Technicality, Writ Jurisdiction Can Be Exercised To Nullify Decree Obtained By Fraud On Civil Court: Madras HC
2 years, 7 months ago

Illegality Can't Perpetuate On Mere Technicality, Writ Jurisdiction Can Be Exercised To Nullify Decree Obtained By Fraud On Civil Court: Madras HC

Live Law  

The Madras High Court recently set aside an order passed by the civil court declaring title in favour of private respondents qua a government land, after observing that the order was obtained by committing fraud on the court. Justice Anand Venkatesh held that while exercising jurisdiction under Article 226 of the Constitution, the High Court can nullify the judgment and decree passed by a competent Civil court if it has been obtained by playing fraud on the Court and such a decree is a nullity and non-est in the eye of law. One of the primary issues before the court was whether it could go into the genuineness of a document in collateral proceedings under Article 226 of the Constitution when the decree of the competent civil court had already become final. The next question was whether the High court could nullify the judgment and decree passed by a competent Civil court under Article 226 of the Constitution.

Fraud Court Civil Writ Order Case Document Collector Civil Court Decree Genuineness  civil  decree  writ  mere  obtained  case  nullify  document  high  jurisdiction  order  fraud  madras  perpetuate  hc  court  collector  technicality  illegality  genuineness

History of this topic

Malicious Prosecution Suit Requires Examination Of Evidence, Cannot Be Decided At Preliminary Stage: Madhya Pradesh High Court
1 week ago

Malicious Prosecution Suit Requires Examination Of Evidence, Cannot Be Decided At Preliminary Stage: Madhya Pradesh High Court

Live Law  

While upholding the Trial Court's decision, the Gwalior Bench of Madhya Pradesh High Court has held that the question of whether a suit for malicious prosecution is maintainable or not cannot be decided at a preliminary stage by way of an application under Order VII Rule 11 CPC as it requires a thorough examination of evidence. A single judge bench …

Pleadings In Civil Suit Not Document/Instrument, Cannot Be Registered By Authorities Or Entered In Encumbrance Certificate: Madras HC
2 weeks, 2 days ago

Pleadings In Civil Suit Not Document/Instrument, Cannot Be Registered By Authorities Or Entered In Encumbrance Certificate: Madras HC

Live Law  

The Madras High Court has clarified that pleadings in a civil suit is not a document or instrument to be registered under the Registration Act or the Stamp Act. “This Court holds that pleadings that are filed in a civil suit does not assume the character of a document or an instrument and in such an event, the Registration Act …

Karnataka High Court condemns revenue official for not entering civil court’s injunction order in land records
1 month, 1 week ago

Karnataka High Court condemns revenue official for not entering civil court’s injunction order in land records

The Hindu  

The High Court of Karnataka has directed the Principal Secretary, Revenue Department, to issue necessary instructions to all revenue officers to mandatorily enter the injunction orders passed by the civil courts “not to alienate” lands, and ensure reflection of such orders in the “other rights” column of the revenue records of the land in dispute, to prevent further unnecessary litigations. …

Madras High Court Issues Directions To Clear Backlog Of Cheque Bounce Cases In Magistrate Courts
1 month, 2 weeks ago

Madras High Court Issues Directions To Clear Backlog Of Cheque Bounce Cases In Magistrate Courts

Live Law  

Noting the pendency of cases under Section 138 of the Negotiable Instruments Act, the Madras High Court has issued a slew of directions for speedy of disposal of cases. “Judicial notice can be taken of the fact that cases under Section 138 of the Negotiable Instruments Act, 1881 are clogging the Magistrate Courts for years on account of various reasons. …

False legal heirship certificates | Madras High Court orders criminal prosecution against those who seek and issue them
10 months, 2 weeks ago

False legal heirship certificates | Madras High Court orders criminal prosecution against those who seek and issue them

The Hindu  

Taking serious note of corrupt practices in issuance of legal heirship certificates, the Madras High Court has ordered criminal prosecution against those who seek such certificates by suppressing vital information, and also against government officials who issue these certificates in collusion with such applicants. Subramaniam has directed the Commissioner of Revenue Administration to issue a circular within five weeks instructing …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
1 year, 1 month ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

50 Important Judgments Of Madras High Court In 2023
1 year, 2 months ago

50 Important Judgments Of Madras High Court In 2023

Live Law  

LiveLaw reported 413 judgments from the Madras High Court in 2023. Intimation Of Arrest Through SMS Hampers Constitutional Safeguard Of Effective Representation: Madras High Court Quashes Detention Order Case Title: Harini v. The State of Tamil Nadu and others Citation: 2023 LiveLaw 145 The Madras High Court recently set aside a detention order passed by the Commissioner of Police, Avadi …

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court
1 year, 3 months ago

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court

Live Law  

The Madras High Court recently observed that the orders passed under Section 194 of the Code of Criminal Procedure are purely administrative in nature and cannot be challenged unless they are apparently illegal and passed without any application of mind. Justice G Ilangovan of the Madurai bench dismissed a plea preferred by an accused seeking for transfer of his trial …

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court
1 year, 9 months ago

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court

Live Law  

The Madras High Court recently observed that the offence under Section 127A of the Representation of Peoples Act is a non cognizable one. Justice Sunder Mohan held that since the punishment prescribed for the offence is imprisonment for a period of six months, as per Schedule II of the Criminal Procedure Code, it would be a non cognizable offence. "This …

Madras High Court Monthly Digest - March 2023 [Citations 68 to 108]
1 year, 11 months ago

Madras High Court Monthly Digest - March 2023 [Citations 68 to 108]

Live Law  

Citations: 2023 LiveLaw 68 To 2023 LiveLaw 108 NOMINAL INDEX State of Tamil Nadu and others v. The Correspondent, 2023 LiveLaw 68 2023 LiveLaw 69 Dr. C Vijayabhaskar v. State of Tamil Nadu, 2023 LiveLaw 70 State v. Dadayutham @ Kannan and others, 2023 LiveLaw 71 Star Channel v. The Secretary to the Government and others, 2023 LiveLaw 72 Dr. …

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years, 3 months ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

Madras High Court Orders Police Inquiry Against Litigant For Filing False Affidavit In Court
2 years, 3 months ago

Madras High Court Orders Police Inquiry Against Litigant For Filing False Affidavit In Court

Live Law  

The Madras High Court recently directed the Joint Registrar Original Side to lodge a police complaint against a litigant who had approached the court with false affidavit and other documents. Justice CV Karthikeyan made the above direction after observing that the litigant had created a false death certificate, false legal heirship certificate, false Will with false signatures, all of which …

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)
2 years, 6 months ago

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)

Live Law  

While answering a reference, the Madras High Court Bench of Justice SS Sundar, Justice GR Swaminathan and Justice R Vijayakumar observed that the Registrar does not have the power to accept the deed of cancellation to nullify a deed of conveyance made earlier, when the deed of conveyance has already been acted upon.The court was answering a reference made by …

Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court
3 years, 1 month ago

Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh Court vide order by Justice R. Raghunandan Rao recently ruled that where an allegation of fraud is made, the said allegation would have to be proved beyond any reasonable doubt. Anjaneyulu, Senior Counsel appearing for respondent, was that once the Executing Court had found that there was fraud, the natural consequences of such finding is that the …

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions
3 years, 4 months ago

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions

Live Law  

The Madras High Court on Friday observed that fraudulent registration of sale deeds in the State have only reduced and not stopped completely despite several measures undertaken by the Registration Department over the years. Justice R. Suresh Kumar also recommended the constitution of a quasi-judicial appellate tribunal headed by a retired High Court judge and comprising two members one. Justice …

High Courts Weekly Round-Up
5 years, 1 month ago

High Courts Weekly Round-Up

Live Law  

Allahabad High Court Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. ● Karnataka High Court After Ten …

Appeal Against Conviction Or Acquittal By Special Court Under TNPID Act Will Lie Only To HC, Irrespective Of Quantum Of Sentence: Madras HC [Read Order]
6 years, 9 months ago

Appeal Against Conviction Or Acquittal By Special Court Under TNPID Act Will Lie Only To HC, Irrespective Of Quantum Of Sentence: Madras HC [Read Order]

Live Law  

A Special Court constituted under the TNPID Act is not a Court of Magistrate. The Presiding Officer of the Special Court can only be a person of the cadre of a District and Sessions Judge, the bench said.Clarifying that the Special Court constituted under the Tamil Nadu Protection of Interests of Depositors Act, 1997 is not a Magistrate’s court, the …

Intra-Court Appeal Maintainable Against Judgment Passed Under Art 226 Exercising Criminal Jurisdiction: Kerala HC DB Sets Aside Order To Probe Syro-Malabar Church Land Deal Case [Read Judgment]
6 years, 10 months ago

Intra-Court Appeal Maintainable Against Judgment Passed Under Art 226 Exercising Criminal Jurisdiction: Kerala HC DB Sets Aside Order To Probe Syro-Malabar Church Land Deal Case [Read Judgment]

Live Law  

A Division Bench of Kerala High Court has set aside a single bench judgment that ordered the police to investigate into allegations against the Major Arch Bishop and others of the Syro-Malabar Church in connection with the Syro-Malabar Church land deal.The Bench has held that an intra-court appeal is maintainable under Section 5 of the Kerala High Court Act against …

Cases of Financial Frauds shall not be quashed on the ground of Compromise as it is a social wrong and it has immense societal impact: Supreme Court [Read the Judgment]
10 years, 6 months ago

Cases of Financial Frauds shall not be quashed on the ground of Compromise as it is a social wrong and it has immense societal impact: Supreme Court [Read the Judgment]

Live Law  

Hearing an appeal filed by State of Maharashtra against the judgment of the Bombay High Court, the Supreme Court held that High Courts should not quash FIR in cases of financial frauds where public is at a loss, even if there is a settlement.The judgment written by Justice Dipak Misra, relied on the judgment delivered by the Supreme Court in …

Madras High Court rules "Internal Matters of High Court" cannot be disclosed under RTI
11 years, 9 months ago

Madras High Court rules "Internal Matters of High Court" cannot be disclosed under RTI

Live Law  

The Madras High Court has held that information relating to "internal matters of High Court" cannot be disclosed to public under the Right to Information Act. A two judge Bench comprising Justices Elipe Dharma Rao and M Venugopal noted that if such information is disclosed, "It will definitely make an inroad to the proper, serene function of the Hon'ble High …

Madras High Court rules "Internal Matters of High Court" cannot be disclosed under RTI
11 years, 9 months ago

Madras High Court rules "Internal Matters of High Court" cannot be disclosed under RTI

Live Law  

The Madras High Court has held that information relating to "internal matters of High Court" cannot be disclosed to public under the Right to Information Act. A two judge Bench comprising Justices Elipe Dharma Rao and M Venugopal noted that if such information is disclosed, "It will definitely make an inroad to the proper, serene function of the Hon'ble High …

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