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
Anuj Saxena And Another vs State Of U.P. And 4 Others on 15 April
standing by, if he fails to explain his silence, guilty of constructive fraud and postpones his title to that of the purchaser. The cases ... Mortgages, Section 1541. It is, however, of the essence of constructive fraud that the person sought to be charged therewith should be proved to have
courts, that is to say, as including what is described as constructive fraud. There are two classes of cases in which gifts are set aside
whether the executing court is justified in refusing to examine plea of fraud, setup in objection under section 47 CPC, on the basis ... action to impeach a judgment, actual fraud must be shown; mere constructive fraud is not, at all events after long delay, sufficient..... but such
power. If it was a case of fraud or misrepresentation or fake documents, then fraud and misrepresentation are not phrases of ornament. They entail serious ... before the Sub-Divisional Magistrate or were otherwise guilty of any constructive fraud in obtaining the approval on 2.7.1984. Such an issue at a belated
Duchess of Kingston [2 Smith LC 687] that:
" 'Fraud' is an extrinsic, collateral act, which vitiates the most solemn proceedings of courts ... 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
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
avoids all judicial acts ecclesiastical and temporal". In Kerr on Fraud and Mistake, it is stated that "in applying this rule, it matters ... action to impeach a judgment, actual fraud must be shown; mere constructive fraud is not, at all events after long delay, sufficient but such
