Lordships observed thus :
"Fraud is to be pleaded and proved. To prove fraud it must be proved that the representation made was false ... person who charges another with fraud must himself prove the fraud, and he is not relieved from this obligation because the defendant has told
fraud, intimidation, illegality, want of capacity,
failure of consideration or mistake.
However, the general rule is he who alleges fraud must prove it.
Burden lies ... proof required to be proved
is higher and clear, cogent and convincing evidence is required to prove
the allegations of fraud. Also, contemporaneous conduct
initial burden of
proving the execution of agreement, the burden shifted on the
defendant to prove that there was fraud played upon her or that ... proof required to be proved is higher and clear, cogent and
convincing evidence is required to prove the allegations of fraud.
Also, contemporaneous conduct
Explanation thus introduces into Section 271 the need to prove existence or absence of fraud or any gross or wilful neglect. If the returned total ... finally assessed, it would be for the assessee to prove absence of fraud or gross or wilful neglect. From this, it must logically follow that
merely permissive and not prohibitive. It allows a party to prove fraud and collusion in order to avoid a judgment or order. But it does ... fraud or collusion he has no real grievance if the order so obtained is set aside when the fraud or collusion is proved
fraud is unilateral or bilateral. Where the fraud is unilateral, the fraudulent party cannot be allowed to plead his own fraud either as a plaintiff ... joint fraud, his suit will be dismissed; and
(b) where he seeks relief by suppressing the fraud, the defendant can plead and prove the common
view that it was for the plaintiff to prove fraud and she cannot claim benefit of being old or weak."
The plaintiff has also ... suit then ordinarily the burden is on him to prove such fraud, undue influence or mis-representation but when such a person like an illiterate
Volkart Brothers, AIR
1923 Sind 25 at 28). The burden of proving fraud lies on the person
alleging it.
The charge of fraud, though ... Chitty on Contracts, 28th edn, p. 361, para 6045.) To prove
fraud, it must be proved that the representations made were false
individual director, Modi. The hurdles the plaintiff had to overcome in proving fraud and mala fides are (1) that Modi had the requisite influence over ... remote to prove fraud or bad faith. It is necessary to say that fraud is not proved by mere suspicion.
29. The defendant company
bringing a subsequent suit even if he has not succeeded in proving fraud or collusion on the part of such guardian."
2. I understand ... aside as it was gained by fraud and collusion. The Lord Chancellor said that if fraud had been proved, he would have set aside
