Tag: Fraud

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

Law Library

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).