Document Fragment View
Fragment Information
Showing contexts for: fraud defination in Vijeta Projects And Infrastructures ... vs Engineering Projects (India) Limited on 19 September, 2025Matching Fragments
30. Thus, from the analysis of the above facts and respective averments of the parties, it cannot be concluded that the respondent deliberately suppressed the proceeding with BPBCC and had misled the Tribunal.
31. Fraud has been defined under the Indian Contract Act as follows :-
"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 agent2 , with intent to deceive another party thereto of his agent, or to induce him to enter into the contract:--
36. Meaning of the expression corruption in the making of the award would be that, the decision of the Tribunal was influenced by illegal gratification or by abuse of power. There are no such allegations of corruption against the Tribunal.
27
2025:CHC-OS:187
37. In Venture Global Engineering vs. Stayam Computer Services Limited and Anr. reported in (2010) 8 SCC 660, fraud was defined in terms of concealment of material fact and misrepresentation. In Avitel Post Studioz Limited and Ors. vs. HSBC PI Holdings (Mauritius) Limited. reported in (2021) 4 SCC 713, the Hon'ble Apex Court defined fraud as trickery and concealment of material facts.
26. The Oxford dictionary defines fraud as here under :-
"/n. 1. Criminal deception; the use of the false misrepresentations to gain an unjust advantage. 2. A dishonest article or trick. 3. A person or thing not fulfilling what is claimed or expected of him, her, or it."
27. From the legal standpoint Black's law dictionary (9th Edition) defines fraud as here under:-
"fraud, n. 1. A Knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud is usually a tort, but in some cases (es.p when the conduct is willful) it may be a crime. - Also termed intentional fraud."
21. Section 17 of the Indian Contract Act, defines fraud as follows:-
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:--
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2)the active concealment of a fact by one having knowledge or belief of the fact;