fraud as defined in the Contract Act means actual fraud.
But in equity the courts have also developed the doctrine of
'constructive fraud ... withdrawal it is fraud the Bank in making the application for
withdrawal it is fraud in this wider sense of 'constructive
fraud', which
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. Walcott it has been held that:
"... mere constructive fraud is not, at all
events after long delay, sufficient but such a
judgment
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
contract (excluding
want or failure of consideration) are also available like
fraud; coercion etc.
17. In the case on hand, there is no condition ... only ground urged is that the Ayyappa
Swamy temple was not constructed. Fraud; deceit;
coercion; mistake of fact etc., which are the grounds to
avoid
there is no averment that
respondent/defendant has by force or fraud constructed more, and
once there is no such averment, the construction made which ... plaintiff that the defendant has, by playing fraud or by force, taken excess
plot and constructed her flat. When both the flats were constructed
plot in question is a plot, over
which, the house can be constructed. In fact incorrect map was
supplied by the bank and in those ... informed
that building can not be constructed on the plot and the bank
has played a fraud by submitting an incorrect map while
issuing
only a consequential order. The petitioner having clandestinely constructed the building and played fraud, cannot be shown any indulgence. Further, the case of the petitioner
enforcement
of bank guarantee/letters of credit except only in cases where
fraud or special equity is prime facie made out in the case ... that any case of fraud
has been made out. The contention is that after promise to
extend time for constructing the buildings and allotment
particulars
cannot amount to fraud.
17. Kerr on Fraud and Mistakes with respect to the pleadings has
constructed the factors which are necessary for impeaching
