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
decree on the ground of fraud, the only issue for its decision is whether the decree was procured by fraud. For deciding that issue ... former judgment it is not sufficient for a person to prove constructive fraud (not deliberate). He must prove actual positive fraud, a meditated or intentional
Kartar Singh vs B.O.R.For Raj.At Ajmer & Ors on 31 August
Court even in
collateral proceedings.
19. The same principle in regard to fraud and its
effect in judicial proceedings has further been
explained ... action to impeach a
judgment, actual fraud must be shown; mere
constructive fraud is not, at all events after
long delay, sufficient ⦠but such
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
decree on the ground of fraud, the only issue for
its decision is whether the decree was procured by
fraud. For deciding that issue ... former judgment it is not
sufficient for a person to prove constructive fraud
(not deliberate). He must prove actual positive
fraud, a meditated or intentional
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 ... Walcott (1929) AC 482, it has been
held that:
"....mere constructive fraud is not, at all events
after long delay, sufficient but such
that necessarily arises is what
constitutes "fraud" which would vitiate a decree.
19. Kerr on Fraud and Mistake, Seventh Edition, at
page ... action to impeach a
judgment, actual fraud must be shown; mere
constructive fraud is not, at all events after long delay,
sufficient. The Court
kept from his knowledge by means of fraud practised by the defendants, and as that fraud came to his| knowledge on the 26th of August ... case. The fraud contemplated by Section 18 of the Limitation Act is an actual and active fraud and not what is called constructive fraud
