Twitter
Facebook
Youtube
How does fraud affect a victim? ‘The impact of fraud on victims’ - Supreme Court of India’
August 28, 2011 New Delhi
How does fraud affect a victim? ‘The impact of fraud on victims’ – Supreme Court of India’
The Supreme Court in Meghmala & Ors. v. G. Narasimha Reddy & Ors. has examined the concept of fraud and its effect on proceedings in a court of law. The Supreme Court reiterated that ‘fraud vitiates all’ and also the age old saying ‘Fraud avoids all judicial acts ecclesiastical or temporal’.
The relevant extracts from the judgment are reproduced herein below;
20. It is settled proposition of law that where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law. “Fraud avoids all judicial acts ecclesiastical or temporal.” (Vide S.P. Chengalvaraya Naidu (dead) by L.Rs. Vs. Jagannath (dead) by L.Rs. & Ors. AIR 1994 SC 853). In Lazarus Estate Ltd. Vs. Besalay 1956 All. E.R. 349), the Court observed without equivocation that “no judgment of a Court, no order of a Minister can be allowed to stand if it has been obtained by fraud, for fraud unravels everything.”
25. Fraud is an intrinsic, collateral act, and fraud of an egregious nature would vitiate the most solemn proceedings of courts of justice. Fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. The expression “fraud” involves two elements, deceit and injury to the person deceived. It is a cheating intended to get an advantage. (Vide Dr. Vimla Vs. Delhi Administration AIR 1963 SC 1572; Indian Bank Vs. Satyam Fibres (India) Pvt. Ltd. (1996) 5 SCC 550; State of Andhra Pradesh Vs. T. Suryachandra Rao AIR 2005 SC 3110; K.D. Sharma Vs. Steel Authority of India Ltd. & Ors. (2008) 12 SCC 481; and Regional Manager, Central Bank of India Vs. Madhulika Guruprasad Dahir & Ors. (2008) 13 SCC 170).
26. An act of fraud on court is always viewed seriously. A collusion or conspiracy with a view to deprive the rights of the 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 amount to fraud, fraud is anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine including res judicata. Fraud is proved when it is shown that a false representation has been made (i) knowingly, or (ii) without belief in its truth, or (iii) recklessly, careless whether it be true or false. Suppression of a material document would also amount to a fraud on the court.
Reference Links:-
- 1) Fraud and its Effects: The Law, Supreme Court of India
- 2) ‘Fraud and collusion vitiate even the most solemn proceedings in any civilised system of jurisprudence’ – Meghmala & Ors vs G.Narasimha Reddy & Ors on 16 August, 2010
- 3) ‘Judicial pronouncements unlike sand dunes are known for their stability/finality ‘- Supreme Court
- 4) ‘Criminals that use clever tactics and tricks to try and manipulate their victims’ – Victim Support
- 5) ‘Judgment Fraud in Abu Dhabi, Uninted Arab Emirates’
Mindful, in particular, that a judgment debt is hanging over the Abu Dhabi Emirate, United Arab Emirates. The judgment is binding and enforceable by the court of Abu Dhabi from where the ruling came from.
The Judgment debt of Abu Dhabi ruling regime (who was also responsible for the heinous fraud perpetrated against the decree holder to save face), can be eliminated or satisfied by the enforcement of judgments and legal remedies… “Reputation of Abu Dhabi, United Arab Emirates!”
Comments