categorically held that if the insured has obtained
the insurance policy by
misrepresentation/concealment of material fact,
the insurance contract would be voidable ... Indian Contract Act defines
Misrepresentation as under:
(FA-226/2016) PAGE 9 OF 15
"18. Misrepresentation" defined.--
"Misrepresentation" means and
includes
free consent. When consent to an
agreement is caused by fraud or misrepresentation, the agreement is
a contract voidable at the option of the party ... Indian Contract Act . 1872 defines
"Misrepresentation"
as
"Misrepresentation" defined -
"Misrepresentation" means and includes -
1) the positive assertion
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
(1) the positive assertion, in a manner
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself, equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means and
includes -
(1) the positive assertion, in a manner
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
(1) the positive assertion, in a manner
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
(1) the positive assertion, in a manner
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
(1) the positive assertion, in a manner
undue influence, as defined in Sec. 16 , or
(3) fraud, as defined in Sec. 17 , or
(4) misrepresentative, as defined ... silence is, in itself,
equivalent to speech.
Section 18 "Misrepresentation" defined - "Misrepresentation means
and includes -
// 12 //
(1) the positive assertion
Section 17 &
‗Misrepresentation' under Section 18 of The Indian Contract Act, 1872
which are as under : -
―17. „Fraud‟ defined.- ‗Fraud' means ... silence, is, in itself, equivalent
to speech.
―18. "Misrepresentation" defined.- ―Misrepresentation‖
means and includes-
ALLOWED Page 8 of 12
Appeal No.: Pramerica Life
Indian Contract Act,
reads as follows.
17. Fraud defined- Fraud means and includes any of the following acts committed by a
party to a contract ... omission as the law specially declares to be
fraudulent.
18. Misrepresentation defined- Misrepresentation means and
includes:-
1. the positive assertion, in a manner not warranted
