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"Fraud" and collusion vitiate even the most
solemn proceedings in any civilized system of
jurisprudence. It is a concept descriptive of human
conduct. Michael Levi likens a fraudster to Milton's
sorcerer, Comus, who exulted in his ability to, `wing
me into the easy hearted man and trap him into
snares'. It has been defined as an act of trickery or
deceit. In Webster's Third New International
Dictionary "fraud" in equity has been defined as an
act or omission to act or concealment by which one
person obtains an advantage against conscience over
another or which equity or public policy forbids as
being prejudicial to another. In Black's Legal
Dictionary, "fraud" is defined as an intentional
perversion of truth for the purpose of inducing
another in reliance upon it to part with some
valuable thing belonging to him or surrender a legal
right; a false representation of a matter of fact
whether by words or by conduct, by false or
misleading allegations, or by concealment of that
which should have been disclosed, which deceives
and is intended to deceive another so that he shall
act upon it to his legal injury. In Concise Oxford
Dictionary, it has been defined as criminal
deception, use of false representation to gain unjust
advantage; dishonest artifice or trick. According to
Halsbury's Laws of England, a representation is
deemed to have been false, and therefore a
misrepresentation, if it was at the material date false
in substance and in fact. Section 17 of the Indian
Contract Act, 1872 defines "fraud" as act committed
by a party to a contract with intent to deceive
another. From dictionary meaning or even otherwise
fraud arises out of deliberate active role of
representator about a fact, which he knows to be
untrue yet he succeeds in misleading the
representee by making him believe it to be true. The
representation to become fraudulent must be of fact
with knowledge that it was false. In a leading English
case i.e. Derry and Ors. v. Peek (1886-90) All ER 1
what constitutes "fraud" was described thus: (All ER
p. 22 B-C) "fraud" is proved when it is shown that a
false representation has been made (i) knowingly, or