fraud has been
taken and substantiated with prima facie evidence. The Apex Court also
had an occasion to consider the aspect of playing of fraud ... action to impeach a
judgment, actual fraud must be shown : mere
constructive fraud is not, at all events after long
delay, sufficient.... but such
fraud has been
taken and substantiated with prima facie evidence. The Apex Court also
had an occasion to consider the aspect of playing of fraud ... action to impeach a
judgment, actual fraud must be shown : mere
constructive fraud is not, at all events after long
delay, sufficient.... but such
deception may not amount to fraud, fraud is anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved ... been held that:
"... mere constructive fraud is not, at all events after long delay, sufficient but such a judgment will not be set aside
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
deception may not
amount to fraud, fraud is anathema to all equitable
principles and any affair tainted with fraud cannot ... been held that:
“… mere constructive fraud is not, at all events after long
delay, sufficient but such a judgment will not be set aside
upon
vitiated by fraud. Deeds, obligations,
contracts, awards, judgments, or decrees may be the
instruments to which parties may resort to cover fraud,
and through which ... fraud upon it may be set aside. In order to
sustain an action to impeach a judgment, actual fraud
must be shown; mere constructive fraud
minutely.
18
Before I answer the point about fraud let us quickly glance
at fraud.
FRAUD; Fraud and mistake as grounds for relief are
alike ... fraud upon it may be set aside. To sustain an action to
impeach a judgment, actual fraud must be shown; mere
constructive fraud
Agreement, the petitioner
claimed that the respondent had committed fraud by representing that
the entire constructed/covered area of the factory premises
cognizant of the fraud."
18. The Transfer of Property Act, 1882 contemplates three kinds of notice ; (i) actual notice, (ii) constructive or implied notice ... cognizant of the fraud.]"
36. Thus, the Act of 1882 contemplates three kind of notice, (i) actual notice, (ii) constructive or implied notice
victims of cyber fraud is not lost.
This Court shall consider the aforesaid issue on
21.01.2021.
Matter related to Cyber Fraud in the districts ... police stations
and find out about the newly constructed palatial houses of
criminal involved in cyber frauds so that they may be identified
and necessary
