held to be void.
Respondent No.1 has not alleged that fraudulent
misrepresentation was made to him as regards the character of the
document. According ... there had been a fraudulent
misrepresentation as regards its contents.
In Ningawwa vs. Byrappa Shiddappa Hireknrabnar & Ors
[AIR 1968 SC 956], this Court held
held to be void.
21. Respondent 1 has not alleged that fraudulent
misrepresentation was made to him as regards the
character of the document. According ... there
had been a fraudulent misrepresentation as regards
its contents.
14
22. In Ningawwa v. Byrappa this Court held
that the fraudulent misrepresentation as regards
also give reason to claim relief
against fraud.
18. A fraudulent misrepresentation is called deceit and consists in leading
a man into damage by willfully ... made in the honest belief
that it is true, is not fraudulent and does not render the person make it
liable to an action
necessary
In all cases in which the party pleading relies
on any misrepresentation, fraud, breach of trust,
wilful default, or undue influence ... evidence was required to be addressed that there had been a
fraudulent misrepresentation as regards the character of partition deed
(Exhibit
payable at
Kanpur. "
24. If there had been a fraudulent misrepresentation by some of the
respondents at Calcutta and a conspiracy was hatched ... Section 420 of the Indian Penal
Code, a place where such fraudulent misrepresentation has been made
would, thus, give rise to a cause of action
otherwise entitled to would amount to
commission of fraud. Fraudulent acts are not encouraged by the courts. A
person for the purpose of obtaining ... word or letter."
It was further held:
"18. A fraudulent misrepresentation is called
deceit and consists in leading a man into damage
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 ... equitable doctrine
including res judicata."
Thus, it is clear a fraudulent act even in judicial
proceedings cannot be allowed to stand.
In view
otherwise entitled to would amount to commission of fraud. Fraudulent acts are not encouraged by the courts. A person for the purpose of obtaining ... word or letter."
It was further held:
"18. A fraudulent misrepresentation is called deceit and consists in leading a man into damage
satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under section ... such order should not be made."
47. If misrepresentation or fraudulent
statement was made in the application for grant of sanction of building plan
deceit to recover damages in respect of a mistake induced by
fraudulent misrepresentation; and (3) as a defense in actions of
contract where the mistake
