It was affirmed as a well settled point of the law that fraud cannot be assumed and it must be clearly alleged & properly proved. In this case, the court held that it may well have been that the High Commissioner's office made a mistake and issued a permit for permanent resettlement without fully going into the matter and verifying; the fact whether the case of the applicant came or did not come under the Delhi Agreement. Conviction of the applicant was held to be illegal as a consequence thereof.
Ghulam Hussain vs District Magistrate
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