Fraud On A Power - Definition - Law Dictionary Home Dictionary Definition fraud-on-a-power

Definition :

Fraud on a power. The name given to the execution of a limited power for a purpose outside its limits, either at the expense of the intended object or to obtain a benefit to the donee of the power or

to extend or restrict the appointment beyond

the intention; proof of moral turpitude is not necessary.

Is meant 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, Dr. Vimla v. Delhi Administration, (1963) Supp 2 SCR 585 and Indian Bank v. Satyam Febres (India) Pvt. Ltd., (1996) 5 SCC 550. See also State of Andhra Pradesh v. T. Suryachandra Rao, AIR 2005 SC 3110.

As is well-known vitiates every solemn act. Fraud and justice never dwell together. Fraud is a conduct either by letter or words, which includes the other person or authority to take a definite determinative stand as a response to the conduct of the former either by words or letter, Ram Chandra Singh v. Savitri Devi, (2003) 8 SCC 319. See also State of Andhra Pradesh v. T. Suryachandra Rao, AIR 2005 SC 3110.

Is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to get an advantage, C.S.P. Changalvaraya Naidu v. Jagannath, (1994) 1 SCC 1.

In equity has been defined as an act or omission to act or concealment by which one person obtains an advantage against conscience over another or which equity or public policy forbids as being prejudicial to another, Wester's Third New International Dictionary.

Is defined as an intentional perversion of truth for the purpose of inducting another in reliance upon it to part with some valuable thing belonging to him or surrender a legal right; a false representation of a matter of fact whether by words or by conduct, by false or misleading allegations or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal jury, Black's Law Dictionary, p. 672.

Means a representation is deemed to have been false, and therefore a misrepresentation, if it was at the material date false in substance and infect, Halsbury's Laws of England, p. 672.