recall of judgment - The Legal Chamber

The Supreme Court held that proceedings under Section 340 CrPC are criminal in nature and thus governed by the CrPC. Consequently, a review petition filed under Order XLVII of the CPC is not maintainable. The Court reiterated that Section 362 CrPC bars criminal courts from altering or reviewing their own judgments, except for correcting clerical errors, and the High Court's recall order constituted an impermissible substantive review. Facts Of The Case: The dispute originated between two groups, the Khosla Group and the Bakshi Group, regarding a joint venture to develop a resort in Kasauli. A key point of contention was the validity of the Annual General Meeting (AGM) of their joint venture company, Montreaux Resorts Private Limited (MRPL), held on 30.09.2006. The Bakshi Group relied on ...

The Supreme Court held that judicial orders obtained through fraud are null and void, as "fraud unravels everything." It emphasized that suppression of material facts vitiates proceedings, regardless of the court's hierarchy. The doctrine of merger does not apply to fraudulent judgments. The Court recalled its earlier order and remanded the case to the High Court for fresh adjudication, affirming that fraud is an exception to finality in litigation. Procedural technicalities cannot shield fraudulent litigants from judicial scrutiny. Facts Of The Case: The case involves a dispute over land ownership and compensation between Vishnu Vardhan, Reddy Veeranna, and T. Sudhakar. The trio jointly purchased land in Gautam Budh Nagar, Uttar Pradesh, in 1997, which was later acquired by NOIDA in 200...

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Supreme Court Slams Fraudulent Litigation, Nullifies Compensation Order in Land Dispute