actual fraud (as indicated in Sections 89 and 90 ) or from constructive fraud (referred to in Sections 91 to 93 ) as also from some equitable
mortgagee when, by the influence of his position or by constructive fraud, he has gained an unconscionable advantage and has purchased the property for such
fraud against Britannia. The learned counsel for the appellant argued that there are circumstantial evidence on the basis of which fraud or at least constructive
policy,' which is the real foundation of the doctrine of constructive fraud. The purchases by Hari Singh of the stocks left by Dhan Singh
deceit, there must be proof of fraud, and nothing short
of that will suffice. Secondly, fraud is proved when it is
shown that a false ... thus stated, applied to 'actual' fraud
as opposed to constructive fraud, and, in the instant
case, we are concerned with actual fraud
fraud, and the client is not to be affected with constructive notice of a fraud committed by his solicitor. But if the client would ... have constructive notice, and the constructive notice of the existence of the trust must be imputed to him, whether there is a fraud relating
when the fraud is first known to him, but in any particular case the Court, having regard to the nature of the fraud, the facility ... fraud. The Court must therefore in every such case ascertain when the plaintiff first had knowledge of the fraud, actual or constructive. That
Gobinda Chandra Ghosh Alias G. Ghosh And ... vs Abdul Majid Ostagar And Ors. on 22
ground ef such fraud.
I cannot imagine this Court intending to rule that even prejudice caused by fraud could be waived ... that a judgment-debtor would be fixed with constructive waiver even against deliberate fraud of the execution creditor. The proper construction of the second, proviso
ground of fraud, and it was established that the purchaser, if not a party to the fraud, had notice thereof, actual or constructive; they will ... enquiry is constructive notice; in other words, though an execution purchaser need not be in a mood to scent fraud, he need not have complete