Indian Contract Act, 1872
238. Effect, on agreement, of misrepresentation or fraud by agent.—
Misrepresentation made or frauds committed, by agents acting in the course ... such misrepresentations or frauds had been made or committed by the principals; but misrepresentations made, or frauds committed, by agents, in matters which
terminated on the
ground of fraud and it is detected subsequently that
fraud was played by the agent, Corporation can very
well initiate proceeding under ... fraudulent act done by an agent. We cannot
countenance the situation that even if the agent
commits a fraud in carrying on his business with
terminated on the
ground of fraud and it is detected subsequently that
fraud was played by the agent, Corporation can very
well initiate proceeding under ... fraudulent act done by an agent. We cannot
countenance the situation that even if the agent
commits a fraud in carrying on his business with
commission being received by the
agents in respect of policies canvassed by the agent in the past as
the agent.
Learned
counsel for the appellant ... commission is forfeited on account of fraud or disqualification
involving fraud is attracted by the agent. In other words in case if
any action
even where such shortfall is due to the negligence or
fraud of the Agent of the Government. The real position has
been explained ... suitable persons having
adequate experience and skill of work as efficient Agents.
The Agents are to be appointed every year at short notice
when
nature and character of legal fraud, we shall now proceed to consider the Indian law on the subject of fraud and misrepresentation. As said above ... Fraud' means and includes any of the following acts committed by a party to a contract. or with his convince. or by his agent
taken to be sufficient to protect the shipowners against the fraud of their agents, it is not sufficient to protect them against the unseaworthiness ... anything to prevent their limiting their liability against the fraud of their agents. The principle in the one case seems to have features common with
laid down that
"a principal is liable for the fraud of his agent acting within the scope of his authority, whether the fraud ... These cases recognised the doctrine that acts of fraud by the agent, committed in the course and scope of his employment, form no exception
principal.
238. Effect, on agreement, of misrepresentation or fraud by agent. - Misrepresentations made, or frauds committed, by agents acting in the course of their business ... such misrepresentations or frauds had been made, or committed by the principals; but misrepresentations made, or frauds committed, by agents, in matters which
available either with the
LIC or the agents.
29. Finally, it is submitted that fraud had to be proved by producing
credible and cogent evidence ... said provision was intended to
protect LIC from any fraud on the part of the agent.
41. It must be observed that the above decision
