deception
may not amount to fraud, fraud is anathema to all
equitable principles and any affair tainted with fraud
cannot be perpetuated or saved ... specific
allegation of fraud. When there is an allegation of fraud, it must be
enquired into. It is only after evidence is led coupled with
partition deed holding the same to be illegal as vitiated by fraud.
EVIDENCE AS REGARDS REGISTERED PARTITION DEED DATED 23 rd
DECEMBER ... playing fraud. The
Plaintiffs could not have discharged the burden of proof of fraud
unless the document itself is tendered in evidence. Without the
registered
Land Tribunal on the ground that it is obtained by
perjured evidence. Fraud alleged must be extraneous. [See Bappu @
SA No.796/1996
8
Moidunni ... that when a previous judgment is challenged on the ground of fraud, evidence
SA No.796/1996
10
must be of a high degree
fraud upon the law'. What is fraud upon the law? Fraud
can be committed only against a being capable of rights, and 'fraud ... moral fraud and fraud upon the law, is a contrast
between fraud in the individual's intention to commit the wrong and fraud
would show that according to it they
furnish a prima facie evidence of fraud. There is nothing
to show that the defendants ... found
convenient. How this letter can afford any evidence of
fraud or mala fides it is difficult to appreciate. It is
not disputed before
cancelling the examination of
respondent No. 3. Thus, it is evident that a fraud was committed.
Respondent No. 3 is the sole beneficiary ... letter. Although negligence is
not fraud but it can be evidence on fraud. See Deny v. Peek, [1889] 14 AC
In Lazarus Estate v. Berly
obtained by fraud. Fraud unravels
everything."
16. According to Story's Equity Jurisprudence, 14th
Edn., Volume 1, paragraph 263:
"Fraud indeed ... document would
also amount to a fraud on the court.
Although, negligence is not fraud, it can be
evidence of fraud."
17. Thus
Patel and mistake in the father's name did
not evidence fraud or misrepresentation on the part of Boraiah.
That no such allegation ... that the decree was
obtained by fraud and misrepresentation. Fraud is to be pleaded
and proved. To prove fraud, it must be proved that
representation
dealing with a complaint
of fraud. The facts pleaded in the plaint do not amount to a
plea of fraud despite the
(1) Federal Reporter ... Indian Firm that the Russian Firm was
guilty of fraud.
Evidently with a view to steer clear of the well
established legal position Mr. Setalvad
referred to.
(ii) In the absence of any evidence of fraud or
misrepresentation the Karta of a joint family cannot be
called upon to account ... While admitting the legal position that in the
absence of any evidence of fraud or misappropriation the
Karta cannot be called upon to account
