free consent.—
When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option ... caused. A party to contract, whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed
influence, as defined in section 16, or (3) fraud, as defined in section 17, or (4) misrepresentation, as defined in section 18, or (5) mistake ... been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake
down as a general proposition
what shall be held to constitute fraud. Fraud is infinite in variety
… Courts have always declined to define it, … reserving ... that is used to cheat any one is
considered as fraud. Fraud in all cases implies a willful act on the
part
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
Property Act, 1882
78. Postponement of prior mortgagee.—
Where, through the fraud, misrepresentation or gross neglect of prior mortgagee, another person has been induced
fraud, etc. it is observed thus :
"15. While it is true that 'undue influence', 'fraud', 'misrepresentation' are cognate ... consent to contract. Inadequacy of consideration when found in conjunction with fraud, misrepresentation or any other such circumstances weighs powerfully with the Court of equity
Partnership Act, 1932
52. Rights where partnership contract is rescinded for fraud or misrepresentation.—
Where a contract creating partnership is rescinded on the ground ... fraud or misrepresentation of any of the parties thereto the party entitled to rescind is, without prejudice to any other right, entitled
litigation sets up a legal plea of undue influence, fraud, misrepresentation, coercion, such serious allegations should be made precisely and specifically sans any ambiguity. Simple ... premise that it was obtained by "misrepresentation". Of course, misrepresentation is an ingredient of fraud. But as rightly pointed out by the learned
opinion, when the contract of employment is vitiated by fraud, misrepresentation or mistake, it being a voidable transaction action is required to be taken ... contract in India, a contract of employment obtained by fraud, misrepresentation or mistake is not ab-initio void, but it is voidable at the instance
Tahsildar should make out a case for review based on fraud, misrepresentation or mistake. Thereafter the Tahsildar again filed fresh review petitions before the Board ... misrepresentation or fraud. But, however, that power should be exercised within a reasonable time from the date of detecting the fraud or misrepresentation. The power
