what shall be held to constitute fraud. Fraud is infinite in variety
… Courts have always declined to define it, … reserving to
themselves the liberty ... been true.”
Section 17 of the Contract Act defines fraud.
Section 17 . ‘Fraud’ defined.- ‘Fraud’ means and includes any of the following acts committed
Section 12 of
the SEBI Act. Clause (c) of regulation 2 defines fraud in the following
manner-
c) "fraud" includes any act,
expression ... There is no dispute as to the fact that fraud is jurisprudentially
very difficult to define or cloth it with particular ingredients. A
generalized meaning
allowed to stand if it has been obtained by fraud, for fraud unravels everything"(Lazarus Estate Ltd. V. Beasley 1956(1)QB 702).
(Emphasis ... others , 2003(8) SCC 319, Hon'ble Supreme Court defined fraud and considered the effect of fraud and misrepresentation and held in paragraphs
abuse of process of Court" of course has not
been defined or given any meaning in the Code of Civil
Procedure . However, a party ... authority of the Court by a party or
stranger.
(3) Fraud or collusion in Court proceedings as between
parties.
(4) Retention of a benefit wrongly
allowed to stand if it has been obtained by fraud, for fraud unravels everything"(Lazarus Estate Ltd. V. Beasley 1956(1)QB 702).
(Emphasis ... others , 2003(8) SCC 319, Hon'ble Supreme Court defined fraud and considered the effect of fraud and misrepresentation and held in paragraphs
competition laws;
(iii) insolvency/winding up;
(iv) bribery/corruption;
(v) fraud;
(vi) criminal matters.
Fraud is one such category spelled out by the decisions ... abuse of position
of confidence. The Black's Law Dictionary defines "fraud" as
a concealment or false representation through a statement
held as under :
26. It is well settled that "fraud avoids all
judicial acts, ecclesiastical or temporal"
proclaimed Chief Justice Edward Coke ... appeal, revision,
writ or even in collateral proceedings.
The Court defined "fraud" as an act of
deliberate deception with the design of
securing
tendering process or in execution of the
works. Paragraph 3(vi) defines "Fraud Prevention Policy" to mean the
policy related to prevention ... treatment plant in
question. In the aforesaid view, the ingredients of fraud as defined
under the FPP are plainly, not established. Consequently, the incorrect
certificate
what
shall be held to constitute fraud. Fraud is infinite in variety … Courts
have always declined to define it, … reserving to themselves the liberty ... that is used to cheat any
one is considered as fraud. Fraud in all cases implies a willful act on
the part
Fraud' is a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his detriment. Fraud ... abuse of position of confidence. The Black's Law Dictionary defines 'fraud' as a concealment or false representation through a statement
