Document Fragment View

Matching Fragments

"17. Section 17 of the Contract Act, 1872 defines "fraud"

thus:

"17.'Fraud' defined.--'Fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract--
Company Appeal (AT) (Insolvency) Nos.593, 603, 604 & 615 of 2023 (1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

34. 'Fraud' has been defined as any conduct of deceit resulting in injury, loss or damage to someone. Deceit has also been explained by the Hon'ble Supreme Court in (2013) 1 SCC 562 - Ram Chandra Bhagat vs. State of Jharkhand. The Hon'ble Supreme Court explaining the 'deceit' following has been stated in paragraph 17 and 18:

"17.Stroud's Judicial Dictionary (5th Edn.) explains "deceit" as follows:
Company Appeal (AT) (Insolvency) Nos.593, 603, 604 & 615 of 2023 "Deceit.--'"Deceit", deceptio, fraus, dolus, is a subtle, wily shift or device, having no other name; hereto may be drawn all manner of craft, subtilly, guile, fraud, wilinesse, slight, cunning, covin, collusion, practice, and offence used to deceive another man by any means, which hath none other proper or particular name but offence'."