CiteTEXT
...committed by a party to a contract with the intent to deceive another. From dictionary meaning or even otherwise fraud arises out of a deliberate active role of the representator about a fact, which he...material date false in substance and in fact. Section 17 of the Contract Act defines fraud as act committed by a party to a contract with intent to deceive another. From dictionary meaning or even otherwise...deceive; whether it is from any expectation of advantage to the party himself or from ill-will towards the other is immaterial. The expression “fraud” involves two elements, deceit and injury to the...
...any intent to deceive. It is enough that the get-up of B's goods has become distinctive of them and that there is a probability of confusion between them and the goods of A. No case of actual deception...user thereof using by way of the permitted use, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any...to be likely to deceive.”7. In an action for infringement where the defendant's trade mark is identical with the plaintiff's mark, the Court will not enquire...
...to a contract with intent to deceive another. From dictionary meaning or even otherwise, fraud arises out of deliberate active role of the representator about a fact, which he knows to be untrue yet...substance and in fact. Section 17 of the Contract Act defines fraud as act committed by a party to a contract with intent to deceive another. From dictionary meaning or even otherwise fraud arises out of.... … [‘fraud’ means] an intention to deceive; whether it is from any expectation of advantage to the party himself or from [the] ill will towards the other is immaterial. The expression ‘fraud...
...which the accused has promised to pay the amount but has not paid with the intent to deceive the complainant and, therefore, the complainant has made out a case to issue process against the accused under...complainant's Company and to deceive, cheat and cause wrongful loss to the complainant's Company, but the complainant was not aware of the criminal intention of the accused while execution of above MOU....8. The substance of the complaint is to be seen. Mere use of the expression “cheating” in the complaint is of no consequence. Except mention of the words “deceive” and “cheat...
....)14. The legal position thus is that if the publication be with intent to deceive the court or one made with an intention to defraud, the same would be contempt, as it...question, apart from being fined. On appeal being preferred to the Privy Council, it was held that as the evidence did not show any intent to defraud on the part of the appellant no contempt was committed...intent to defraud, the appeal would have been dismissed and the view taken by the Supreme Court of Sierra Leone that the appellant was guilty of contempt would have been upheld. What emerges from this...
...substance and in fact. Section 17 of the Contract Act, 1872 defines “fraud” as an act committed by a party to a contract with intent to deceive another. From the dictionary meaning or even otherwise fraud...intention to deceive; whether it is from any expectation of advantage to the party himself or from ill will towards the other is immaterial. The expression “fraud” involves two elements, deceit and injury...intended to deceive another so that he shall act upon it to his legal injury. In Concise Oxford Dictionary, it has been defined as criminal deception, use of false representation to gain unjust...
...“but not otherwise” clearly indicate that the intent must be an “intent to defraud”. This expression has given a great deal of trouble as the rulings show. It may be pointed out that in the Larceny Act of 1861 and in the Co...defraud”, while in the Forgery Acts the words “with intent to defraud” alone were used. The reason was that documents were divided into two: public documents and private documents. In the case of public document it was enough if the...documents such an intention was not considered sufficient but “an intent to defraud” was required. The distinction between the two expressions was made by Lord Buckley (then Buckley, J) in a winding up case as follows:...
...after evidence is led coupled with intent to deceive that a conclusion of fraud could be arrived at. A mere concealment or non-disclosure without intent to deceive or a bald allegation of fraud wi...proof and intent to deceive would not render a decree obtained by a party as fraudulent. To conclude in a blanket manner that in every case where relevant facts are not disclosed, the decree obtained...formalities with regard to the allotment, she appointed her brother Jinendra Jain as her attorney on or about 28-8-1981. This was communicated by her to the Chairman of BDA by a letter of the same date...
Can't display summary as content is Scanned, Please open the judgment to see full content.
...positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains...agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:- the suggestion, as a fact, of that which is not true, by one who does not believe it ...was not correct. The aforesaid misrepresentation obviously was made with intent to deceive, so as to obtain a No Claim Bonus which National Insurance Company Ltd. would not have allowed, had the...
...“fraudulently” has been defined to mean that a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. This Court in ...him to make submission to support the judgment under appeal. He candidly admitted that he was unable to do so. We appreciate the fair stance he has adopted. In support of the same, we record our...case of the prosecution is that two letters Exh. 28 and Exh. 29 were prepared on the letterhead of the Minister, whereupon invitations were written to invite Raja Murad and Javed Khan, PWs. These...
...that thing with intent to defraud but not otherwise.
17.3. Under the Indian Contract Act, 1872, 'fraud' has been defined under section 17. As per this definition, fraud means and includes the acts ment...making it, of that which is not true, though he believes it to be true; (2) any breach of duty which without an intent to deceive gains an advantage to the person committing it or any one claiming under...includes any act, omission, concealment of any fact or abuse of position committed by any person or any other person with the connivance in any manner with intent to deceive, to gain undue advantage from...
...realized that the petitioner had suppressed a material fact and this was with intent to deceive him. On these allegations, information was furnished and a crime was got registered . 4.The learned counsel...had handed over a forged and fabricated occupancy certificate with intent to deceive the informant. 6.Having regard to the facts, the parties were referred to mediation as a specific stand was taken...well. The case diary reveals that manipulation was carried out by the petitioner in the occupancy certificate to deceive the de facto complainant and to persuade him to purchase the property. It is...
...off to prove fraud that is to say, an intent to deceive. It is sufficient in all cases to prove that the practice complained of is calculated (that is to say, likely) to ...the purpose of claiming such proprietorship of a mark, it is not necessary that the mark should have been used for considerable length of time. As a matter of fact, a single actual use with intent to...liable to render accounts, pay damages and surrender all goods bearing the appellant's trade mark. Pending the disposal of the suit, the appellant prayed for issue of temporary injunction interms of its...
...1872), means and includes Inter alia any of the following acts committed by a party to a contract with intent to deceive another party or to induce him to enter into a contract...been obtained by deliberate mis-statement and fraudulent suppression of material facts. Thereupon, the appellant filed a suit to recover the amount of the policy contending that s. 45 Insurance Act...statement made in the proposal was inaccurate or false.
^
Held, that the policy-holder was guilty of fraudulent suppression of material facts relating to his...
..., there should be cheating and dishonest intent to deceive the person to deliver any property. In the present case, the Court does not find that there was any cheating involved for the reason that if...against the petitioners is that despite having received Rs. 6,75,020/- for supply of 390 bags of Masoor, the same was not delivered to the opposite party no. 2 (complainant).4. Learned...counsel for the petitioners submitted that from the plain reading of the complaint itself, it is apparent that the dispute relates to financial transaction, that too arising out of a commercial...
...party to a contract with intent to deceive another. From dictionary meaning or even otherwise, fraud arises out of deliberate active role of the representator about a fact, which he knows to be untrue...substance and in fact. Section 17 of the Contract Act defines fraud as act committed by a party to a contract with intent to deceive another. From dictionary meaning or even otherwise fraud arises out of....(iii) Whether the charge of evasion of duty by mala fide intent of wilful misdeclaration, suppression of facts with an intent to evade the payment of duty, etc. as alleged in t...
...Rules.In R. v. Greenberg the appellant was convicted of possessing, with intent to deceive, documents resembling cloth coupons contrary to the Defence (General) Regulations Reg 82(1...)(b). The Court of Criminal Appeal held that—once an intent to deceive was proved, mere possession of such documents was an offence under Reg. 82, and it was not necessary to prove the...appellants knew they were false.The Defence (General) Regulations, Reg. 81(1) provides as follows:If, with, intent to deceive any person … (b) makes or has in his...
...the following actsinter alia committed by the party to a contract with intent to deceive another party or to induce him to enter into a contract- the suggestions, as to a fact of that ...1962 Supreme Court 814, Mithoolal Nayak vs. L.I.C. of India ( ) . . . In his answers to the questions put to him he has not only failed to disclose...what it was material for him to disclose, but he made a false statement to the effect that he had not been treated by any doctor for any such serious element as anemia or shortness of breath or asthma...
...evaluate literary meaning of expressions “bonafide” and “resident”. “Bonafide” means in good faith or genuinely; in other words, it conveys absence of intent to deceive and expression “resident” means...making application at the time of or immediately prior to medical treatment with the intent of remaining permanently in that locality and who did not establish residency for the purposes of obtaining...the nature of certiorari may kindly be issued to quash the decision taken in regarding application No. BH2020825262446882 which was conveyed to the petitioners by S.M.S. dated 28.08.2020...