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
towards the losses sustained by the plaintiff on account of the constructive fraud played by the defendant through illegal agreements and means and also
proof of material and deliberate fraud is necessary and not mere constructive fraud.
(9) Reference may be made in the connection to a Bench decision
execution of decree would amount to fraud. (ILR 35 Madras 670 : 22 MLJ 35).
Actual or positive fraud has been said to consist in circumventing ... person to his injury by any cunning, deception or artifice. A constructive fraud has been said to be an act which the law declares
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
statute is enacted to prevent fraud it shall not be used to cover the perpetration of fraud, unless by express words or necessary implication ... Statute of Frauds) in favour of resulting and constructive frauds is unnecessary in the Indian Act as the definition of the word 'trust
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 be perpetuated or saved ... Kinch v. Walcott35 it has been held that:
mere constructive fraud is not, at all events after long delay, sufficient but such a judgment will
Development Agreement dated 14.11.2011. If the flats are not
constructed, then it would amount to fraud played by the first defendant and
also unlawful gain ... land in proportion to the flats, which are
to be constructed. But fraud and collusion are writ large in the faces of the
first
proof of material and
deliberate fraud is necessary and not mere constructive fraud.”
6. Another Division Bench of this Court in Life Insurance
Corporation
