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PREFACE
“Law Relating To Fraud” is an important subject. The different facets of the concepts of fraud had been dealt with in a systematic way in this book for better and convenient understanding of the subject. This concept also had been dealt with in the context of the relevant Legislations though not in elaboration atleast in nutshell. The fundaments and essentials of this important concept had been well discussed. Relevant decisions also had been placed at the appropriate places.
Section 17 of the Indian Contract Act 1872 defines fraud. Fraud otherwise also quite often called willful misrepresentation or fraudulent misrepresentation may arise under the undernoted circumstances :
(1) false representation; (2) relating to a fact;
(3) made with the knowledge that it is false or knowing it to be not true or reckless, careless;
(4) thus inducing a person to act and who does so act and suffers damage thereby.
In Afsar Shaikh vs. Soleman Bibi, (AIR 1976 SC 163) it was held that although “under influence”, “fraud. ‘misrepresentation’ are cognate vices and may, in part, overlap in categories, and are in view of Order VI Rule 4; read with Order VI Rule 2 of the Code of Civil Procedure, required to be separately pleaded, with specificity, particularity and precision.
LAW RELATING TO FRAUD
1951 SCR insufficient even In Bishundeo vs. Seogeni Rai. (AIR 1951 SC 280 = 548) it was held that general allegations are to amount to an averment of fraud of which any court ought to take notice, however strong the language in which they are couched may be, and the same applies to undue influence and coercion. In V.S. Vishwavidyalaya V. Rajkishore, (AIR 1977 SC 615) the allegations in the pleading relating to collusion and fraud had been dealt with.
The fundamental distinction between a proceeding which is collusive and one which is fraudulent had been pointed out in Nagubai vs. B. Shama Rao, (AIR 1956 SC 593).
In view of the fact that the different facets of the concepts of Fraud had been dealt with in a methodical way, we do hope that this book may be of immense help to the Bar, the Bench and the other general public as well, interested in the subject.
Suggestions are invited from all quarters for better improvement of the future editions.
The author said that he will be failing in his duty if he fails to thank the proprietor Sri Kishan Chand Gogia of M/s. Gogia Law Agency, and the editorial staff for their support at regular intervals. He also thanked Mr. Khader Ahmed Khan, (D.T.P. Operator), Sri P Jagdish Chander Prasad, P. Tulasi Chander Prasad who had helped him in many ways. This Book could not have beer completed with this much of speed and accuracy but for the whole hearted co-operation and support from all his well wishers.
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