learned Single Judge learned counsel
for the appellant pleads that where fraud is alleged in the execution of a
document, Section 91 of the Evidence ... Indian Contract Act, 1872 defines fraud as under:-
"17. 'Fraud' defined - „Fraud‟ means and includes any of the
following acts committed
caused by
(1) coercion, as defined in section
15
(2) undue influence, as defined in
section 16 , or
(3) fraud, as defined in section ... said Act. Coercion is defined in
Section 15 , undue influence is defined in Section 16 , fraud is defined in
Section 17 and misrepresentation is defined
coercion, as defined in section 15, or (2) undue influence, as defined in section 16, or (3) fraud, as defined in section ... existence of such coercion, undue influence, fraud, misrepresentation, or mistake."
Coercion, undue influence, fraud and misrepresentation are defined in Sections
coercion, as defined in Section 15 , or (2) undue influence, as defined in Section 16 , or (3) fraud, as defined in Section ... such coercion, undue influence, fraud, misrepresentation, or mistake".
9. Coercion, undue influence, fraud and misrepresentation are defined in Sections
coercion, as defined in section 15 , or (2) undue influence, as defined in section 16 , or (3) fraud, as defined in section ... such coercion, undue influence, fraud, misrepresentation, or mistake."
6. Coercion, undue influence, fraud and misrepresentation are defined in Sections
clearly disclose a case of fraud. Fraud can be of
different forms and different hues. It is difficult to define it with
precision ... Indian Contract Act, 1872 defines 'fraud' thus:
17. 'Fraud' defined.-'Fraud' means and includes any of the
following acts
fact. Section 17 of the Indian Contract Act, 1872 defines fraud as act committed by a party to a contract with intent to deceive 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
breach of the Tariff.
5. Section
18 of the Indian Contract Act defines misrepresentation as under:-
Misrepresentation means and
includes-
(1)
the
positive assertion ... fraud within the
meaning of Section 17 of Indian Contract Act, which to the extent it is
relevant reads as under:-
17. Fraud defined.- Fraud
June 10, 1997 was executed by the deceased
plaintiff on account of fraud/undue influence being played/exercised by
the defendants.
b) Defendant ... contract may be rescinded.
25. Section 17 of the Contract Act defines „Fraud‟ as an inducement by
a party to the contract by making
Injunction has been sought on the ground of fraud. The expression
'fraud' has been defined in the case of Meghmala and Others ... condoned and sustained. The Court has also relied while
defining the fraud on the findings in Lazarus Estate Ltd. Vs. Besalay
