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
come
with unclean hands and had obtained a relief by playing a
fraud on the court, this was a fit case where this Court should ... action to impeach
a judgment, actual fraud must be shown;
mere constructive fraud is not, at all
events after long delay, sufficient
but such
therefore no evidence is led on the
question of mala fides or fraud committed upon them, it
prima facie leads to such an inference ... evidence of
fraud or mala fides it is difficult to appreciate. It is
not disputed before us that the landlords had constructed
some chawls
erroneously made in the assessment-list through fraud,
accident or mistake or in respect of any building
constructed altered, added to or reconstructed in whole
March 30, 1991 pursuant to a
tender submitted by him to construct 108 residential quarters at Katharia,
Bhagirath Puram, Tehri. The construction ... that any
case of fraud has been made out. The contention is that after promise to
extend time for constructing the buildings and allotment
that where serious allegations of fraud
are made against a party and the party who is charged with
fraud desires that the matter should ... that case there were allegations
of constructive and actual fraud by one brother against the
other and it was in those circumstances that the court
fraud.
HEADNOTE:
The appellant land-lady is the owner of, a single
storeyed house, at Vasant Vihar, New Delhi. It was
constructed in the year ... obtained by fraud practised on the Rent
Controller and was a nullity. It was asserted that the
premises were constructed in the year
letter dated 15.02.1997
addressed to the appellant-bank by the “D-Cube Constructions (P)
Ltd.”, stating that the said Company had no objection if current ... director of the “D-Cube
Constructions (P) Ltd.”, such disputes pertains to fraud would not
fall within the jurisdiction of the State Commission
need not necessarily be so. Should we hold that the
concept of fraud" would include not only deceit but also
some injury ... reads
"I shall not attempt to construct a definition which will
meet every case which might
592
be suggested, but there is little danger
lost her title by operation of law,
and denied the allegation of fraud.
The trial court dismissed the suit but on appeal the
District Judge ... constructive trustees, would be in law the possession of the
plaintiff. [867E]
4.(i) The finding of the District Judge that a planned
fraud