Fraud

  1. Question of fraud cannot be resolved in exercise of writ jurisdiction. Muhammad Bostan v. Tariq Mahmood and 3 others 1998 SCR 325 (B)
  2. Fraud is suggestion, as a fact, of that not true, by one who does not believe it to be true — It includes active concealment of a fact by one having knowledge or belief of fact, a promise made without any intention of performing it, any such act or omission as law specially declares to be fraudulent — Fraud vitiates the most solemn proceedings — A party cannot be allowed to retain benefits obtained through fraud such proceedings can be quashed at any time. Muhammad Yunus Arvi and 2 others  v. Sohail Bostan and 3 others 2004 SCR 352 (A)
  3. Fraud cannot be directly proved, it has to be inferred from the surrounding circumstances and the conduct of the parties — Fraud vitiates the most solemn proceedings — If any transaction is made through fraud, that has no foundation to stand — Principles of law.  Muhammad Younis Khan and others v. Development Authority, Muzaffarabad & others 2013 SCR (SC AJ&K) 238 (A)
  4. Effect of—the fraud vitiates the most solemn proceedings. Muhammad Miskeen v. Shabir Hussain & others 2015 SCR 938  (A)
  5.            —it is well settled principle of law that fraud vitiates the most solemn proceeding and a person cannot be allowed to reap the fruit of his own fraud. M/S Ideal Engineering v. Azad Government & others 2017 SCR 1100 (C)
  6. — According to the celebrated principle of law, the fraud vitiates the most solemn proceedings. Azad Govt. & 5 others v. M/s.Qureshi Vegetable Ghee & Oil Mills & 6 others 2017 SCR 1231 (A) 1993 SCMR 710, 2007 SCJ 655, 2003 SCMR 549, 2004 SCR 352 and 2017 SCR 1100 rel.
  7.  — Judgment obtained by playing fraud not binding— to the extent of specification of land misstatement of facts committed and fraud played intentionally — fraud vitiates the most solemn proceeding—held: respondent can neither take benefit of fraud and claim right regarding the land which is not part of the lease deed nor the judgments of High Court have binding nature regarding such land. Azad Govt. & 5 others v. M/s.Qureshi Vegetable Ghee & Oil Mills & 6 others 2017 SCR 1231 (B)                            
  8. —General Allegation of Fraud—acceptance of—Held: that law is well settled that a general allegation of fraud cannot be accepted until the details and manners of commission of fraud is proved by the party. Syed Haji Shah  v. Irshad Ahmed Khan & others 2019 SCR 288 (B)
  9. —when fraud is alleged and committed then the authority even otherwise has inherent powers to proceed and undo the wrong because it is well established law that fraud vitiates the most solemn proceedings and if is proved to have been committed then the party/accused of commission of fraud cannot be allowed to reap its fruits. Chief Conservator Forests & 3 others  v. Kh. Nazeer Ahmed & 3 others 2020 SCR 308 (B)
  10.  —Held: we have no quarrel with the proposition that the High Court has jurisdiction to mould relief in proper cases but when fraud is alleged then the same cannot be protected without a regular inquiry. Chief Conservator Forests & 3 others v. Kh. Nazeer Ahmed & 3 others 2020 SCR 308 (C)
error: Content is protected !!