Supreme Court of India

Harjas Ral Makhija (d) Thr. Lrs. v. Pushparani Jain & Anr.

Neutral citation
Reported as [2017] 1 S.C.R. 1
Decided 2 January 2017
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

From the headnote

Fraud - Suit alleging that the defendant had obtained decree in her favour fraudulently by non-disclosure of necessary and relevant facts or concealment of material facts - Held: mere concealment or non-disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive would not render a decree as fraudulent - It is only after evidence is led, coupled with intent to deceive, that a conclusion of fraud could be arrived at - Fraud must be proved and not merely alleged or inferred - The plaintiff had an opportunity to prove allegation of fraud in the previous

Where later benches applied it

Of those, 1 not applicable

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