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
Indian Contract Act, 1872 defines "fraud" and
"misrepresentation" as follows:
"17. „Fraud‟ defined.--„Fraud‟ means and includes ... willingness of a person to enter into a contract is not
fraud, unless the circumstances of the case are such that,
regard being
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
Contract Act ') defines fraud as under:
17. 'Fraud' defined.--'Fraud' means and includes any of the
following acts committed ... Undue influence as defined in Section 16 of the Contract Act
is said to be a subtle species of Fraud, whereby mastery is obtained
over
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 Con
tract Act defines fraud as under:
17. 'Fraud' defined.--'Fraud' means and includes
Contract Act ’, for short), definition of “fraud”,
is as follows:
“17. ‘Fraud’ defined.—‘Fraud’ means and
includes any of the following acts committed ... perusal of the definition of the word “fraud”, as
defined in Section 17 of the Contract Act, would reveal that
the concept of fraud
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
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