VISHNU VARDHAN @ VISHNU PRADHAN v. THE STATE OF UTTAR PRADESH
Discusses fraud's impact on judgments, merger doctrine, natural justice, and procedural fairness, applicable across legal domains.
Court: Supreme Court of India
Citation: 2025 INSC 884
Decision Date: 23-07-2025
List of Laws
Code of Civil Procedure, 1908; Constitution of India, 1949; Supreme Court Rules, 2013; Land Acquisition Act, 1894; The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Uttar Pradesh Industrial Area Development Act, 1976; Land Revenue Act, 1996; Indian Contract Act, 1872; Power of Attorney Act, 1882; General Principles of Law
- Code of Civil Procedure, 1908: The judgment discusses Order VI Rule 4, which mandates that particulars of fraud must be stated in the pleadings. Order I Rule 9 CPC, as originally enacted, stated that a suit shall not be defeated by misjoinder or non-joinder of parties. After its 1976 amendment, the proviso implies that non-joinder can be fatal. Order I Rule 10 empowers a court to implead a party at any stage. Order XIV CPC is discussed in relation to deciding issues of law and fact. The judgment cites Ramesh B. Desai v. Bipin Vadilal Mehta, dealing with Order XIV, CPC, observing that the Code confers no jurisdiction upon the court to try a suit on mixed issues of law and fact as preliminary issues.
- Constitution of India, 1949: Article 32 is discussed in the context of writ petitions for enforcement of Fundamental Rights. The judgment analyzes whether the writ petition under Article 32 is maintainable, considering the pleadings and the nature of the rights allegedly violated. Article 129 is mentioned in relation to the plenary powers of the Supreme Court to prevent abuse of process and meet the ends of justice. Article 131 is mentioned in the context of the court's original jurisdiction to adjudicate complicated questions of fact. Article 136 is discussed in relation to special leave petitions and the doctrine of merger. Article 141 is mentioned in the context of the statement of law contained in the order is a declaration of law by the Supreme Court. Article 142 is mentioned in relation to the powers of the Supreme Court. Article 226 is discussed in relation to the writ jurisdiction of High Courts. Article 300-A is discussed in relation to the right to property and constitutional tort.
- Supreme Court Rules, 2013: The judgment refers to Order VIII Rule 6(3) and 6(4) of the Supreme Court Rules, 2013, in relation to the rejection of registration of the petition. Order VIII Rule 6 (5) of the Supreme Court Rules, 2013, is mentioned in relation to the appeal against the Registrar's order. Order XLVII, Rule 3 and Rule 5 of the SC Rules, 2013, are mentioned in relation to the review and chamber appeal. Order LV, Rule 6 of the SC Rules, 2013 is mentioned in relation to the inherent powers of the Court.
- Land Acquisition Act, 1894: Section 4 and Section 6 of the Land Acquisition Act, 1894 are mentioned in the context of notifications issued for land acquisition. Section 18 is discussed in relation to remedies available and the reference court. Section 30 is mentioned in relation to the order dated 30th January, 2023 whereby this Court directed Vishnu to approach the court under Section 30 of the 1894 Act for appropriate relief. Section 54 is mentioned in relation to the powers of the High Court.
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24 is mentioned in relation to the submission of Reddy that compensation was not determined as per the direction of the High Court.
- Uttar Pradesh Industrial Area Development Act, 1976: The judgment mentions that NOIDA was constituted by the Uttar Pradesh Industrial Area Development Act, 1976.
- Land Revenue Act, 1996: Section 34 of the “Land Revenue Act, 1996" is mentioned in relation to the order of the trial court dated 17th June, 2010.
- Indian Contract Act, 1872: Section 208 of the Indian Contract Act, 1872 is mentioned in relation to the cancellation of the Power of Attorney.
- Power of Attorney Act, 1882: Section 3 of the Power of Attorney Act, 1882 is mentioned in relation to the cancellation of the Power of Attorney.
- General Principles of Law: The judgment extensively discusses the principle that "fraud unravels everything," emphasizing that fraud vitiates all proceedings and orders obtained through it. It also discusses the doctrine of merger, its applicability, and exceptions, particularly in cases of fraud. The principle of stare decisis is discussed in the context of referring the matter to a larger bench. The maxim "actus curiae neminem gravabit" (no act of the court should harm a party) is also discussed. The principles of natural justice, particularly the right to be heard, are discussed in the context of impleading necessary parties. The concept of forum shopping is also discussed.
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