also the defence of
accused that the cheque was obtained by fraud / misrepresentation
becomes probable and the onus of burden would shift on the
complainant ... defence evidence, it is clear that the cheque
was obtained by fraud / misrepresentation. Doubt is being raised as to
the capacity of complainant to advance
relies on any
G.P. NO. 11/2011 Page 20/23
misrepresentation, fraud, breach of trust, willful default or undue
influence, the plaint averments must ... with reasonable
precision, the particulars so as to constitute allegations of
misrepresentation, fraud, breach of trust, willful default or undue
influence. It is well settled
that her
signatures on the sale deed were obtained under fraud and
misrepresentation. She claimed that she is an illiterate lady and the
defendant ... plea that her signatures on the sale deed were
obtained by fraud or misrepresentation. Mere filing of the written
statement by her would not take
vitiated on account of misrepresentation or fraud. Noticeably,
the remedy of appeal under Section 347 B(1)(h), is meant only
for a person aggrieved ... Municipal Corporation
was seized of his grievances relating to the alleged
misrepresentation and fraud play which, if confirmed, would
result in the sanction
dated 17.05.1990 was
obtained by plaintiff under undue influence,
coercion by fraud and misrepresentation, if so, to
what effect? OPD
2. Whether the agreement dated ... consent which is not caused by
coercion, undue influence, fraud, misrepresentation or mistake.
If a consent is obtained by coercion, fraud or
misrepresentation, then such
further the sanction has
been obtained by way of misrepresentation and fraud. What was the
misrepresentation and the fraud, testimony of the plaintiff offered ... wrongly taken so as to procure the sanction by way of
misrepresentation and fraud. Thus, the plaintiff through her examination-in-
chief
ignorance of
the plaintiff's title or was induced by fraud, misrepresentation
or coercion.
" If the defendant has expressly attorned to the plaintiff ... title, unless
such attornment be proved to have been obtained by fraud, or
through some mistake of facts."Bigelow in his book on Estoppel
valid
contract. If the consent is vitiated by coercion, undue
influence, fraud, misrepresentation or mistake then it can
not be termed as a free consent ... vitiated by an element of coercion or fraud is the vital
question.
30 In the present case the agreement to sell is the
basis
certain
cases where the pleadings relied on are in regard
to misrepresentation, fraud, willful default, undue
influence or of the same nature. So long
certain
cases where the pleadings relied on are in regard
to misrepresentation, fraud, willful default, undue
influence or of the same nature. So long
