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Section 44 - Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 44The Bharatiya Sakshya Adhiniyam, 2023 Section 38

Indian Evidence Act, 1872

Section 44

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

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Indian Evidence Act, 1872

44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42 and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 38

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

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The Bharatiya Sakshya Adhiniyam, 2023

38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

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