option of the respondent. Section 17 of the
Contract Act, 1872 defines fraud and Section 18 defines misrepresentation.
Concealment of a fact falls under both
extent of area of 22 dismal.
17. The term "fraud" has been defined in Section 17 of Indian Contract Act, 1872 (hereinafter ... referred to as "Act, 1872") as under:
"17. Fraud" defined.- "Fraud" means and includes any of the following acts
proof or prima facie evidence regarding fraud or concealment of
facts as required before attracting fraud as defined in the Indian
Contract Act , such termination ... like fraud in case of criminal
prosecution, and the respondent Corporation may resort to regulation
for termination of agency based on fraud defined
being prejudicial to another. In Black's Legal Dictionary,
fraud is defined as an intentional perversion of truth for
the purpose of inducing another ... substance and in fact. Section 17
of the Contract Act defines fraud as act committed by a
party to a contract with intent to deceive
option of the
respondent. Section 17 of the Contract Act, 1872 defines fraud and
Section 18 defines misrepresentation. Concealment of a fact falls
under both
therefrom to the other party, it would be a case of fraud. Fraud thus arises out of deliberate active role of representator aboout a fact ... substance and in fact. Section 17 of the Contract Act defines fraud as act committed by a party to a contract with intent to deceive
Reliance placed by learned counsel for the plaintiff on the definition
of „fraud‟ contained in Section 17 of the Contract Act, 1872 is misplaced.
Learned ... plaintiff has no merit. In Black's Legal Dictionary, Fraud
is defined as an intentional perversion of truth for the purpose of inducing
another
referred Section 17 of the Indian Contract
Act in which fraud has been defined. It was argued that the active
concealment of the fact
said that there is any fraud which would
justify such termination. He submitted that the word fraudulently
has been defined ... forfeiture of renewal
commission on the grounds stated therein with regard to fraud and
concealment of facts. Learned counsel Shri Clerk, therefore,
submitted that
significant importance in the context. The welfare is defined under
Section 2(k) as follows:-
"2(k) "welfare" means provision for food ... fulfilling the two
conditions enumerated as above, declaring transfer as a fraud or
coercion or under undue influence, as the case