Forgery Fraud - Law Dictionary Search Results
Home Dictionary Name: forgery fraudForgery, fraud
Forgery, fraud, Forgery has its origin in the French word 'Forger', which signifies 'to frame or fashion a thing as the smith doth his work upon the anvil. And it is used in our law for the fraudulent making and publishing of false writings to the prejudice of another man's right (Terms de la Ley) (Stroud's Judicial Dictionary, Fifth Edition Vol. 2). In Webster Comprehensive Dictionary, Internatio-nal Education, 'Forgery' is defined as: 'The act of falsely making or materially altering, was intent to defraud; any writing which, if genuine, might be of legal efficacy or the foundation of a legal liability', Indian Bank v. Satyam Fibres, AIR 1996 SC 2592 (2598): (1996) 5 SCC 550....
Forgery
Forgery [fr. forger, Fr.; or fingo, Lat.], the crimen falsi, or the false making or alteration of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud. The forged instrument must be false in itself. The mere subscribing a note, given as the party's own, by a fictitious name, was held not to be forgery, Reg. v. Martin, (1879) 5 QBD 34.The act of fraudulently making a false document or altering a real one to be used as if genuine, Black's Law Dictionary, 7th Edn., p. 661.Forgery at Common Law was a misdemeanour but most forgeries have been made felony by statute. Many of these statutes were consolidated by 11 Geo. 4 & 1 Wm. 4, c. 66, repealed and replaced by the Forgery Act, 1861 (24 & 25 Vict. c. 98), but the law now principally depends on the Forgery Act, 1913 (3 & 4 Geo. 5, c. 27, 'an Act to consolidate, simplify and amend the law relating to forgery and kindred offences.' It repeals such portions of s...
fraud
fraud [Latin fraud- fraus] 1 a : any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage ;specif : a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby b : the affirmative defense of having acted in response to a fraud 2 : the crime or tort of committing fraud [convicted of securities ] see also misrepresentation NOTE: A tort action based on fraud is also referred to as an action of deceit. actual fraud : fraud committed with the actual intent to deceive and thereby injure another called also fraud in fact compare constructive fraud in this entry collateral fraud : extrinsic fraud in this entry constructive fraud : conduct that is considered fraud under the law despite the absence of an intent to...
Fraud
Fraud, a fraud 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 got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
statute of frauds
statute of frauds 1 often cap S&F a : a state law modeled on the English Statute of Frauds or dealing with the enforcement and requirements of agreements in particular circumstances see also Statute of Frauds in the Important Laws section compare main purpose rule part performance at performance NOTE: There are many statutes of frauds, but use of the term often implies a single entity. This is at least partially due to the great stature of the original law, which represents the general principle that a contract must be in writing to be enforceable. b : a provision in the Uniform Commercial Code under which a contract for the sale of goods for $500 or more is not enforceable unless signed by the party sought to be held to it or by an authorized agent 2 : a defense employing a statute of frauds (as in the denial of an enforceable agreement) ...
forgery
forgery pl: -er·ies 1 : the act of falsely making, altering, or imitating (as a document or signature) with intent to defraud ;also : the crime of committing such an act 2 : something that is forged ...
fraud in the execution
fraud in the execution :fraud in the factum at fraud ...
fraude
fraude [French, fraud] in the civil law of Louisiana : fraud committed in the performance of a contract compare dol ...
Constructive fraud
Constructive fraud, a court of equity will set aside a transaction entered into as the result of conduct which, though not amounting to actual fraud or deceit, is contrary to good conscience. Such conduct, which is described as 'constructive fraud', Nocton v. Lord Ashburton, 1914 AC 932....
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