Abuse of Law
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False Affidavit: Supreme Court Judgments
Filing a false affidavit or swearing to a false affidavit is a serious offence and can have significant legal consequences. 1. What is an Affidavit? An affidavit is a sworn written statement of fact that is used as evidence in legal proceedings. 2. Filing false affidavit is an Offence When a person submits a false…
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Child Custody & Fraud: Supreme Court Judgments
It is fundamental that a party approaching the Court must come with clean hands, more so in child custody matters. Any fraudulent conduct based on which the custody of a minor is obtained under the orders of the Court, would negate and nullify the element of trust reposed by the Court in the concerned person.…
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Perjury: Encyclopedia of Crime and Justice
At common law courts took action against a person who was shown to have made a statement, material in the proceedings, which he knew to be false or did not believe to be true. The offence committed by him is known as perjury. Dealing with the history of the offence, Sanford H. Kadish in ‘Encyclopedia…
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Judgment obtained by Fraud – American Jurisprudence Quote
In American Jurisprudence, 2nd Edn., Vol. 46, para 825, it is stated:“Indeed, the connection of fraud with a judgment constitutes one of the chief causes for interference by a court of equity with the operation of a judgment. The power of courts of equity in granting such relief is inherent, and frequent applications for equitable…
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Produce all Documents Relevant to the Litigation – Supreme Court
“5. The High Court, in our view, fell into patent error. The short question before the High Court was whether in the facts and circumstances of this case, Jagannath obtained the preliminary decree by playing fraud on the court. The High Court, however, went haywire and made observations which are wholly perverse. We do not…
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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…
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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…
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