Fraudulent Proceeding - Law Dictionary Search Results
Home Dictionary Name: fraudulent proceedingCollusive proceeding and fraudulent proceeding
Collusive proceeding and fraudulent proceeding, there is a fundamental distinction between a proceeding which is collusive and one which is fraudulent. When a proceeding is alleged to be fraudulent, what is meant is that the claim made therein is untrue, but that the claimant has managed to obtain the verdict of the court in his favour and against his opponent by practising fraud on the court. Such a proceeding is started with a view to injure the opponent, and there can be no question of its having been initiated as the result of an understanding between the parties. While in collusive proceedings the combat is a mere sham, in a fraudulent suit it is real and earnest, Nagubai Ammal v. B. Shama Rao, (1956) SCR 451: AIR 1956 SC 593 (599). [Transfer of Property Act (4 of 1882), s. 52]...
Fraudulent proceeding
Fraudulent proceeding, When a proceeding is alleged to be fraudulent, what is meant is that the claim made therein is untrue, but that the claimant had managed, to obtain the verdict of the court in his favour and against his opponent by practicing fraud on the Court. Such a proceeding is started with a view to injure the opponent and there can no question of its having been initiated as the result of an understanding between the parties, Nagubai Ammal v. B. Shama Rao, AIR 1956 SC 593 (599). [Transfer of Property Act, 1882, s. 52]...
Fraudulent preferences
Fraudulent preferences. Every conveyances or tran-sfer of property or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they became due from his own moneys, in favour of any creditor, with a view of giving such creditor a preference over other creditors, is fraudulent and void as against the trustee in bankruptcy if the debtor becomes bankrupt within three months, Bankruptcy Act, 1914, s. 44; and see Companies Act, 1925, s. 265, in regard to winding-up of companies....
Trustees, Fraudulent, Punishment of
Trustees, Fraudulent, Punishment of. By the (English) Larceny Act, 1916, s. 21, the appropriation of the trust fund by the trustee to his own use is punishable by penal servitude for seven years, but the sanction of the Attorney-General is necessary for a prosecution by a person other than one who has taken civil proceedings against the trustee and has obtained the sanction of the Court....
Stolen property or property fraudulently obtained
Stolen property or property fraudulently obtained, the words 'stolen property or property fraudu-lently obtained' merely denote the attribute or characteristic of the property. If the property is capable of being described as 'stolen property' or 'property fraudulently obtained' by whomsoever it might have been stolen or fraudulently obtained, that would be sufficient to comply with the requirements of the s.. The s. merely speaks of the character of the property - whether it satisfies the particular description and does not say by whom it should have been stolen or fraudulently obtained, Champaklal Ganeshmal v. State of Maharashtra, AIR 1975 SC 160 (162): (1975) 3 SCC 485: (1975) 3 SCR 584. [Bombay Police Act (22 of 1951), s. 124]...
fraudulent conveyance
fraudulent conveyance : a conveyance of property made for the purpose of rendering the property unavailable for satisfaction of a debt or otherwise hindering or defeating the rights of creditors ;specif : a conveyance of property that is made in return for inadequate consideration by one who is insolvent or who is rendered insolvent, undercapitalized, or unable to pay his or her debts as a result of the conveyance or that is made with the intent of hindering, delaying, or defrauding his or her creditors called also fraudulent transfer compare preference NOTE: A fraudulent conveyance is generally voidable by a court or, in a bankruptcy case, by the trustee in bankruptcy. ...
Fraudulent conveyances, Statutes against
Fraudulent conveyances, Statutes against, sect. 172 of the (English) L.P. Act, 1925, now provides that every conveyance of property made either or before 1925 with intent to defraud creditors shall be voidable at the instance of any person thereby prejudiced, but the s. does not affect disentailing assurances or the law of bankruptcy, nor does it extend to conveyances in good faith either for valuable or for good consideration to any person without notice of fradulent intent. This enactment replaces 13 Eliz. c. 5 (A.D. 1570), made perpetual by 29 Eliz. c. 5. See Twyne's case, (1602) 3 Rep 80; 1 Smith's L.C. 1; Halifax Bank v. Gledhill, (1891) 1 Ch 31.The 27 Eliz. c. 4, s. 2, made perpetual by 39 Eliz. c. 18, enacts that every conveyance of lands, made with the intent to defraud and deceive any person, bodies politic or corporate, who shall purchase the same, shall be deemed (as against that person, etc.) to be utterly void. But the Act shall not be construed to defeat or make void any ...
Fraudulently
Fraudulently, a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. (Indian Penal Code, 1860, s. 25)...
Preferences, Fraudulent
Preferences, Fraudulent. See FRAUDULENT PREFERENCES....
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
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