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Showing contexts for: fraud defination in Nirmal Chand Jain vs National Insurance Co.Ltd. on 29 June, 2017Matching Fragments
20. Now we shall examine whether the appellant (complainant) has signed the above discharge vouchers, with his free consent and free will ?
21. In Section 14, 15, 16, 17 & 18 of The Indian Contract Act, 1872 "Free Consent" "Coercion", "Undue Influence", "Fraud" and "Misrepresentation""respectively have been defined. Section 14, 15, 16, 17 & 18 of The Indian Contract Act, 1872, run thus :-
"Section 14. "Free Consent" defined .-
Consent is said to be free when it is not caused by -
(1) coercion, as defined in Sec, 15, or (2) undue influence, as defined in Sec. 16, or (3) fraud, as defined in Sec. 17, or (4) misrepresentative, as defined in Sec. 18, or (5) mistake, subject to the provisions of Secs. 20, 21 and 22.
Consent is said to be so caused when it would not have been given by for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.
Section 15. "Coercion" defined. -
// 16 // "Coercion" is the committing, or threatening to commit, any act forbidden by the Indian Penal Code (45 of 1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
Nothing in this sub-section shall affect the provisions of Sec. 111 of the Indian Evidence Act, 1872 (1 of 1872)."
Section 17 "Fraud" defined - "Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract -
// 17 // (1) the suggestion, as a fact of that which is not true, by one who does not believe it to be true ;