Abuse of Law

  • Fraudulent Misrepresentation amounts to Deceit

    “18. A fraudulent misrepresentation is called deceit and consists in leading a man into damage by wilfully or recklessly causing him to believe and act on falsehood. It is a fraud in law if a party makes representations which he knows to be false, and injury ensues therefrom although the motive from which the representations…

  • Prove Allegation of Fraud Beyond Reasonable Doubt

    Fraud like any other charge of a criminal offence whether made in civil or criminal proceedings, must be established beyond reasonable doubt. A finding as to fraud cannot be based on suspicion and conjecture. Supreme CourtSvenska Handelsbanken vs Indian Charge Chrome (Dayal, J.) 1994 AIR 626, 1994 SCC (1) 502 However suspicious may be the…

  • Suppression must be of Material Fact

    “12. It is trite law that so as to enable the court to refuse to exercise its discretionary jurisdiction suppression must be of material fact. What would be a material fact, suppression whereof would disentitle the appellant to obtain a discretionary relief, would depend upon the facts and circumstances of each case. Material fact would…

  • Meaning of Bias

    A predisposition to decide for or against one party, without proper regard to the true merits of the dispute is bias. There must be reasonable apprehension of that predisposition. The reasonable apprehension must be based on cogent materials. Supreme CourtSecretary to the Govt, Transport Deptt Madras vs Munuswamy Mudaliar & Ors 1988 AIR 2232 Bias…

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