A Mere Incorrect Averment In Affidavit Cannot Be Classified As Fraud!

M/s. G.T.Agencies vs The Commercial Tax Officer, (Main) Tindivanam, Villupuram District.

Madras HC


W.M.P.Nos.27473 and 27474 of 2017 W.P.No.3424 of 2017

About/from the judgment:

A Mere Incorrect Averment In Affidavit Cannot Be Classified As Fraud!


A mere incorrect averment in an affidavit or for that matter, that too in the nature of referring a mixed residential zone as residential zone cannot be classified as fraud. Obviously, it is not forgery.


Most importantly, the order that is being sought to be recalled is innocuous. We find absolutely no scope for entertaining this recall petition in the light of our narrative supra. We are also of the considered view, owing to all that we have stated supra, that the recall petition is bereft of merits. This recall petition fails and the same is dismissed.

Read the Judgment

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