impeachable upon the principle of what is known as 'Constructive Fraud.' There is also a heavy burden on the 1st defendant company ... transaction could and must be ethically sustained; otherwise, it is 'Constructive Fraud,' however free of a guilty mind you might have been
constructive fraud' is
being quoted: . .
"In equity, the term 'fraud' embraces not only actual fraud, in the sense just defined ... withdrawal it is fraud the Bank in making the application for withdrawal it is fraud in this wider sense of 'constructive fraud', which
misrepresent the State. The
fraud can either be actual or constructive fraud. The actual
fraud is a concealment or false representation through an
intentional ... relies on it in acting. – Also termed
fraud in fact; positive fraud; moral fraud.”
“constructive fraud. 1. Unintentional deception or
misrepresentation that causes injury
Anuj Saxena And Another vs State Of U.P. And 4 Others on 15 April
present
case would clearly show that the Petitioner society had played fraud upon the
Government by deceiving the Government and thereby obtained the settlement
order ... time, the Petitioner was granted settlement, have been taking steps
for constructions of multistoried residential and commercial building in
connivance with M/S Bhuyan Projects
fraud as defined in the Contract Act means actual fraud.
But in equity the courts have also developed the doctrine of
'constructive fraud ... withdrawal it is fraud the Bank in making the application for
withdrawal it is fraud in this wider sense of 'constructive
fraud', which
Fraud as defined in the Contract Act means actual fraud. But in equity the Courts have also developed the doctrine of "constructive fraud ... constructive fraud" is being quoted :--
In the equity, the term "fraud" embraces not only actual fraud, in the sense just defined
deception may not amount to fraud,
fraud is anathema to all equitable principles and any affair tainted with fraud
cannot be perpetuated or saved ... Walcott (1929) AC 482, it has been held that "....mere
constructive fraud is not, at all events after long delay, sufficient but such
come
with unclean hands and had obtained a relief by playing a
fraud on the court, this was a fit case where this Court should ... action to impeach
a judgment, actual fraud must be shown;
mere constructive fraud is not, at all
events after long delay, sufficient
but such
decree on the ground of fraud, the only issue for its decision is whether the decree was procured by fraud. For deciding that issue ... former judgment it is not sufficient for a person to prove constructive fraud (not deliberate). He must prove actual positive fraud, a meditated or intentional
