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february 2005

Supreme Court of India · 2005-02-23

Gangadeep Pratisthan Pvt.Ltd.&Ors vs M/S.Mechano&Ors

Citation / case number
AIR 2005 SUPREME COURT 1958
Court
Supreme Court of India
Petitioner
Gangadeep Pratisthan Pvt.Ltd.&Ors
Respondent
M/S.Mechano&Ors
Bench
B.P.Singh, Arun Kumar

Judgment text excerpt

The Supreme Court addressed the appeal against the High Court's judgment setting aside a consent decree under Section 96 of the Code of Civil Procedure, 1908. The Court held that consent obtained under duress is vitiated, and thus the High Court's decision to allow the appeal and set aside the decree was justified. The Court affirmed the principle that consent decrees can be challenged if the consent was not freely given, leading to the dismissal of the appellant's challenge.

Gangadeep Pratisthan Pvt.Ltd.&Ors vs M/S.Mechano&Ors · Niyam