Where a defendant obtains remuneration as a result of or in connection with an offence of fraud based upon the obtaining of employment by false representations or non-disclosure, in what circumstances (if any) will a confiscation order based on...
Fraud
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...
RBI Master Circular on Frauds, 2015, observes that frauds are committed by unscrupulous borrowers by various methods including, inter alia, fraudulent discount of instruments, fraudulent disposal of pledged /hypothecated stocks, fund diversion, criminal neglect and mala fide managerial failure...
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...
Smt. Shrisht Dhawan Vs M/s. Shaw Brothers-Fraud and collusion vitiate even the most solemn proceedings in any civilised system of jurisprudence. It is a concept descriptive of human conduct. Michael Levi likens a fraudster to Milton’s sorcerer, Comus, who...
S. P. Chengalvaraya Naidu (dead) by L.Rs. Vs Jagannath (dead) by L.Rs. and ors -27/10/1993
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Civil Procedure Code, 1908—Section 2(2)—Decree—Nullity—Decree obtained by fraud—Duty of litigant to come to the Court with true case and to prove it with true evidence—Withholding of vital documents in order to gain advantage over the other parties—The decree obtained...
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,...
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...
A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another
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...
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