Kamatchi Vs. Lakshmi Narayanan-13/04/2022

The provisions of the Act contemplate filing of an application under Section 12 to initiate the proceedings before the concerned Magistrate. After hearing both sides and after taking into account the material on record, the Magistrate may pass an appropriate order under Section 12 of the Act. It is only the breach of such order which constitutes an offence as is clear from Section 31 of the Act.

Fraudand and Res-judicata

A collusion or conspiracy with a view to deprive the rights of others in relation to a property would render the transaction void ab initio. Fraud and deception are synonymous. Although in a given case a deception may not amount to fraud, fraud is anathema to all equitable principles and any affair tainted with fraud 49 cannot be perpetuated or saved by the application of any equitable doctrine including res judicata

FRAUD, MALICE, AND INTENT—THE THEORY OF TORTS

But the philosophical analysis of every wrong begins by determining what the defendant has actually chosen, that is to say, what his voluntary act or conduct has been, and what consequences he has actually contemplated as flowing from them, and then goes on to determine what dangers attended either the conduct under the known circumstances, or its contemplated consequence under the contemplated circumstances.

Where a person gets an order/office by making misrepresentation or playing fraud upon the competent authority, such order cannot be sustained in the eyes of the law

For setting aside such an order, even if void, the party has to approach the appropriate forum. (Vide: State of Kerala v. M.K. Kunhikannan Nambiar Manjeri Manikoth, Naduvil (dead) and Ors., AIR 1996 SC 906; and Tayabbhai M. Bagasarwalla and Anr. v. Hind Rubber Industries Pvt. Ltd., AIR 1997 SC 1240).

The distinction between a proceeding which is collusive and one which is fraudulent.

There is a fundamental distinction between a proceeding which is collusive and one which is fraudulent."Collusion in judicial proceedings is a secret arrangement between two persons that the one should institute a suit against the other in order to obtain…

Where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law

Fraud/Misrepresentation: It is settled proposition of law that where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law. “Fraud avoids all judicial acts ecclesiastical…

Serious Fraud Investigation Office (SFIO).

Section 211 of the Companies Act, 2013, has accorded statutory status to the Serious Fraud Investigation Office (SFIO). By virtue of various other provisions of the Companies Act, 2013, SFIO is vested with the requisite legal authority to conduct investigation.  

Inderjit Singh Grewal Vs State of Punjab and Another- 23/08/11

Fraud-Equity-Void Ab initio-Domestic Violence-false statement-Conjugal Right For setting aside such an order, even if void, the party has to approach the appropriate forum (2011) 9 SCALE 295 (SUPREME COURT OF INDIA) Inderjit Singh Grewal Appellant Versus State of Punjab and…