Fraud upon Court
1 Legal Principle - Misleading Court by party to the Litigation - ground for interference under Article 136 of the Constitution of India - Recall of the Order:
2 Legal Principle - Misleading Court - Fraud upon Court - On the slightest of doubt or even prima facie proof of fraud, matter must be thoroughly investigated by court to arrive at the truth:
3 Legal Principle - High court can set aside Order of the tribunal which is obtained by fraud, in the exercise of power as a Court of Record under Article 215 of the Constitution of India:
4 Legal Principle – Judgment or Order obtained by playing fraud, is a nullity, non est in the eyes of law – can be challenged in any Court, in appeal, revision, writ or even in collateral proceedings:
5 It is not sufficient to allege fraud; the allegation of fraud must be made out and be proved beyond reasonable doubt.
6 A person, whose case is based on falsehood, has no right to approach the court, and can be thrown out at any stage of the litigation.
7 Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud.
8 The Courts cannot ignore the mischief committed by the parties before it.
9 Misleading the Court is akin to backstabbing; and exemplary costs may be imposed upon parties for playing fraud upon Court.
10 The High Courts under Writ Jurisdiction are empowered to nullify a decree obtained by fraud.