setting up 'Serious Fraud
Investigation Office' [already referred to as the 'SFIO'] demarcating/
defining/ assigning 'wider' role(s), step ... explanation' of Section 447 37 of the 2013
Act defines 'fraud' per-se in respect of affairs of a Company which
Eit Services India Private Limited vs India Post Payments Bank Limited & Anr. on 18
obtained by
(c) that the consent of the coercion or fraud, as defined in
petitioner, or where the consent of the Indian Contract ... obtained by force or (a) that the petitioner was at the
by fraud as to the nature of the time of the marriage ignorant
Company. The dispute
whether the consent is vitiated on account of fraud, as
defined under Section 17 of the Contract Act, 1872, and
the agreement ... noted above, an agreement, which is invalid on
account of fraud, would undoubtedly have a bearing on the
question of arbitrability of the disputes
circumstance concerning the respondent]."
12. The term "fraud" has not been defined in the Act. Under the Hindu
Marriage Act not every ... representation by the respondent could be
termed as misrepresentation or fraud of the kind defined under Section
12(1)(c) of the HMA. We accordingly
fraud, it cannot be said to be a judgment or
order in law. Before three centuries, Chief Justice Edward Coke
proclaimed:
"Fraud avoids ... writ or even in collateral
proceedings.
xxxx xxxx xxxx
26. Fraud may be defined as an act of deliberate deception with
the design of securing
shall amount to "fraud" as envisaged under Section
12(1)(c) for annulment of a marriage. The fraud must be material ... Zealand, can be termed as fraud or force of the nature and character as
defined in Clause (c) of Section
Khadi And Village Industries ... vs Girdhar Industries And Anr. on 28 December, 2023
Author: C
completion of such well-defined exercise and
proper identification of officials accountable for the slippage of
accounts to NPA or fraud etc.
(v) The contention
Ashish Mittal vs Serious Fraud Investigation Office on 3 May, 2023
Author: Anup Jairam Bhambhani
