TMI Blog2004 (4) TMI 654X X X X Extracts X X X X X X X X Extracts X X X X ..... inha and Sangeeta Sharma, Advs. for the appearing parties. ORDER N. Santosh Hegde, J. 1. This is a writ petition filed inter alia seeking a writ of mandamus calling upon the respondents to immediately seize the records pertaining to Criminal Case No. 118 of 2004 titled Suresh Kumar Jethalal Sanghvi v. Rajendra Kumar Jain Ors. pending in the Court of Metropolitan Magistrate, Court No. 10, Meghani Nagar, Ahmedabad, on the ground that the proceedings in the said case was an example of, the extent to which the criminal justice system in Subordinate Courts in Gujarat is corrupted. 2. This writ petition raises important issues of legal and public importance; one amongst them being the validity of the complaint filed in the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manded by the lawyers concerned. 6. Learned counsel appearing for the writ petitioner has in specific terms contended that the contents of the complaint based on which cognizance was taken and bailable warrants were issued are not true and the same is drafted by the lawyers concerned knowing full well that they are untrue and only with a view to obtain a warrant for a monetary consideration. 7. From the affidavit filed on behalf of the said lawyers and from the arguments addressed today on their behalf, it is clear that at least as on today they are also in agreement with the writ petitioner that the contents of the complaint are not genuine though they categorically state that the said statement was recorded at the instance of one Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned act or order ultra vires. It would be a case of fraud on powers. The misuse in bad faith arises when the power is exercised for an improper motive, say, to satisfy a private or personal grudge or for wreaking vengeance of a Minister as in S. Pratap Singh v. State of Punjab, (1966) I LLJ 458 SC . A power is exercised maliciously if its repository is motivated by personal animosity towards those who are directly affected by its exercise. Use of a power for an 'alien' purpose other than the one for which the power is conferred is mala fide use of that power. Same is the position when an order is made for a purpose other than that which finds place in the order. The ulterior or alien purpose clearly speaks of the misuse of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther by letter or words, which induces the other person or authority to take a definite determinative stand as a response to the conduct of the former either by word or letter. It is also well settled that misrepresentation itself amounts to fraud. Indeed, innocent misrepresentation may also give reason to claim relief against fraud. A fraudulent misrepresentation is called deceit and consists in leading a man into damage by willfully or recklessly causing him to believe and act on falsehood. It is a fraud in law if a party makes representations which he knows to be false, and injury ensues therefrom although the motive from which the representations proceeded may not have been bad. An act of fraud on court is always viewed seriously. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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