fraud" under Section 44 refers to the fraud practised
against the Court by one party or it may also imply a fraud against ... litigant from appearing
and presenting his case before the Court. Constructive fraud was held
to be not enough. It was held that fraud must
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
meaning of fraud. In De Grey, C.J. in Rex. Vs. Duchess of Kingston 2 Smith LC 687 that
'Fraud' is an extrinsic ... action to impeach a judgment, actual fraud must be shown; mere constructive fraud is not, at all events after long delay, sufficient... but such
traceable proceeds on constructive trust for the
lead claimants ("the fraud constructive trust"). The
second is that, from the time when the lead ... trust for them ("the
rescission trust").
41.The fraud constructive trust was described Lord
Browne-Wilkinson in the following well-known
passage
enforcement of
bank guarantee/letters of credit except only in cases where
fraud or special equity is prima facie made out in the case ... that any case of fraud
has been made out. The contention is that after promise to
extend time for constructing the buildings and allotment
erroneously made in the assessment list through fraud, accident or mistake or in respect of any building constructed, altered, added to [reconstructed, occupied
fraud. No case of fraud has been made out by
the petitioners. In the affidavit-in-reply, a vague statement has been made
regarding fraud ... pleading in respect thereof has been made. Further,
following the principle of constructive res judicata, all points which could have
been taken by the writ
attributed by the plaintiffs as
playing a fraud on their rights on the pretext of constructing a house on the
suit plot. On coming ... defendants got the same executed
by means of fraud. Plaintiffs had failed to prove that fraud was played. There
is no doubt on the facts
during the contract from
2013 to 2015 dubbing it to be a fraud
perpetrating upon the respondent Company in
executing the contract and also calling ... irregularities and indulged huge financial
fraud in work carried out under the name of
your firm M/s Shivranjani Constructions Co.,
Bhavnagar.
...
Considering the serious
period of 21 years. The lessee was authorized to construct house,
show room, garage, workshop, out building and other rooms to run
the business ... huge
investment and constructed the structures over the suit land. The
said fact was suppressed. Suppression of fact amounts to playing
fraud on the court
