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december 2013

Supreme Court of India · 2013-12-13

Haryana Financial Corporation vs Gurcharan Singh And Anr

Citation / case number
AIRONLINE 2013 SC 173
Court
Supreme Court of India
Petitioner
Haryana Financial Corporation
Respondent
Gurcharan Singh And Anr
Author
K.S. Radhakrishnan
Bench
C. Nagappan, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court held that the decree obtained by the second respondent in Civil Suit No.767 of 1995 was collusive and aimed at defeating the personal undertaking given by the first respondent to the Haryana Financial Corporation on 5.3.1994. The Court emphasized that a party cannot seek relief from a fraudulent decree, citing principles from S.P. Cheranalvaraya Naidu v. Jagannath and M.L. Abdul Jabbar Sahib v. M.V. Venkata Sastri. The appeal by the Corporation was allowed, overturning the lower court's decision, thereby affirming the validity of the undertaking despite its non-registration.

Haryana Financial Corporation vs Gurcharan Singh And Anr · Niyam