constructive fraud' is
being quoted: . .
"In equity, the term 'fraud' embraces not only actual fraud, in the sense just defined ... fraud the Bank in making the application for withdrawal it is fraud in this wider sense of 'constructive fraud', which defines definition which
Democratic Builders vs Union Of India on 29 February, 1996
Author: K. Ramamoorthy
Bench: K
common law as to effect of
fraud while determining fraud in relation of statutory law.
"Fraud" in relation to statute must ... Section 17 of the Contract Act, 1872 defines fraud as follows:
17. "Fraud" defined.--"Fraud" means and includes
equity, the term 'fraud' embraces not only actual fraud, in
the sense just defined, but also certain other conduct which
falls below ... fraud the Bank in making the application for
withdrawal it is fraud in this wider sense of 'constructive
fraud', which defines definition which
evidence that
the Sale Deed was entered into on account of fraud as defined in Section 17 of the
Contract Act as well ... Section 17 of the ConĀ
tract Act defines fraud as under:
17. 'Fraud' defined.--'Fraud' means and includes
either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 . Now, fraud is defined in Section ... obtained by force or fraud." This Act also does not define fraud and, therefore, it is of no assistance to us in this case
Exception ...... ...... ...... ...... ...... ......
Explanation -- A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised ... provisions of fraud and misrepresentations under the Contract Act . Section 17 defines fraud and Section 18 defines misrepresentation. A combined reading of Sections
occur along with the words 'fraud, collusion, wilful misstatement and wilful contravention'. "Fraud" as defined in Section 17 of the Indian ... Rings case' - 1983 ELT 1927 - the term 'fraud' as defined in Section 17 of the Contract Act would encompass both wilful statement
party seeking to challenge the compromise decree on the ground of fraud was by way of moving the present applications under the proviso to Rule ... compromise was vitiated by fraud. Clause (3) of Section 17 defines fraud, inter alia, to include an act where a promise is made without
defendant. Section 17 of the Indian Contract Act, 1872 defines fraud as an act committed by a party to a contract with intent to deceive ... another. As per Black's Law Dictionary, fraud is defined as an intentional perversion of truth for the purpose of inducing another in reliance