cardinal
principles before granting any relief to the aggrieved party, namely:
29.1. Fraudulently obtained orders of appointment could be legitimately
treated as voidable ... service for a number of years, on the basis of such
fraudulently obtained employment, cannot get any equity in his favour or
any estoppel against
following common allegations :
"The complainant states that the accused had with fraudulent
intention to cheat and defraud IOC had induced IOC to resume
supply ... false or misleading
representation or by other action or omission (ii) fraudulent or
dishonest inducement of that person to either deliver any property
liable to fine. Section 471 ,
relevant to our purpose, provides that whoever fraudulently or dishonestly
uses as genuine any document which he knows ... make a false
document or false electronic record---
First.--Who dishonestly or fraudulently -
(a) makes, signs, seals or executes a document or part
under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules ... that any entry in the register of Births and Deaths has been fraudulently or improperly, he shall make a report giving necessary details
decree on a prior
mortgage-Commencement-'Collusive' and 'fraudulent'-
Distinction--Admission-Evidentiary value-When can shift the
burden of proof ... that there was a fundamental distinction bet-
ween a collusive and a fraudulent proceeding in that while
the former was the result of an understanding
certain definiteness. The conclusions must
relate to an intent to defraud, a :fraudulent or unlawful
purpose, fraud or misconduct or the withholding of
information ... which in its
opinion suggest an intent to defraud or a fraudulent or
unlawful purpose. If it is shown that the circumstances do
not exist
allegation that the licence bid been obtained on false
and fraudulent representations as there was no intention at
any time to use the goods ... valid special licence which had not been
caused to be issued by fraudulent misrepresentation, (2)
after importation the goods or any part of them were
Attorney from the complainant and opined that both the
accused persons had fraudulent and dishonest intention since the
beginning of the negotiation with the complainant ... induced
to do. In the first place he may be induced fraudulently or
dishonestly to deliver any property to any person. The second class
while presenting the relevant demand bills for
negotiation under L.C. and fraudulently obtained payments."
After referring to the refusal of the buyers ... Bank
without movement of goods to the buyer and had therefore
acted fraudulently. The plaint than proceeds to state in
para 9, that the appellant
Insurance-Life Policy-Obtained, by deliberate
mis-statement and fraudulent suppression-
Repudiation, by Company after two years-Whether
proper-Refund of money paid as premium ... ground that the policy had
been obtained by deliberate mis-statement and
fraudulent suppression of material facts.
Thereupon, the appellant filed a suit to recover