categorically held that if the insured has obtained the insurance policy by misrepresentation / concealment of material fact, the insurance contract would be voidable ... Section 18 of Indian Contract Act defines Misrepresentation as under:
"18. Misrepresentation" defined.--"Misrepresentation" means and includes
(1) the positive assertion
true. In other
words, the representation and warranty was a
misrepresentation as defined by Section 18 of the
Contract Act. The evidence of the Claimant ... Indian Contract Act, 1872
which read as under:
“18. "Misrepresentation" defined
"Misrepresentation" means and includes-
(1) the positive assertion
plaint. Misrepresentation alone had been pleaded. If the documents had
been obtained by misrepresentation, then the documents become voidable
documents. Misrepresentation had been defined ... Indian
Contract Act, 1872, and it is as follows:
?18."Misrepresentation" defined.-"Misrepresentation" means and
includes-
(1) the positive assertion
Contract Act read as follows:-
"17.Fraud' defined.--‗Fraud' means and includes any of the
following acts committed by a party ... unless
his silence, is, in itself, equivalent to speech.‖
―18. ―Misrepresentation‖ defined.--―Misrepresentation‖ means and
includes
(1) the positive assertion, in a manner not warranted
true. In other
words, the representation and warranty was a
misrepresentation as defined by Section 18 of the
Contract Act. The evidence of the Claimant ... Indian Contract Act, 1872
which read as under:
“18. "Misrepresentation" defined
"Misrepresentation" means and includes-
(1) the positive assertion
defined in Section 15 , or
(2) undue influence, as defined in Section 16 , or
(3) fraud, as defined in Section 17 , or
(4) misrepresentation ... Section 18 of the Act is as under:
"18. "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
misrepresentation, undue influence and
coercion. When they plead misrepresentation, coercion and
undue influence, they have to plead and prove the elements of
misrepresentation, undue influence ... pleaded the
ingredients of misrepresentation and not proved the ingredients
of misrepresentation in the pleading and Section 16 is defined
what is undue influence. Plaintiffs
misrepresentation, undue influence and
coercion. When they plead misrepresentation, coercion and
undue influence, they have to plead and prove the elements of
misrepresentation, undue influence ... pleaded the
ingredients of misrepresentation and not proved the ingredients
of misrepresentation in the pleading and Section 16 is defined
what is undue influence. Plaintiffs
misrepresentation, undue influence and
coercion. When they plead misrepresentation, coercion and
undue influence, they have to plead and prove the elements of
misrepresentation, undue influence ... pleaded the
ingredients of misrepresentation and not proved the ingredients
of misrepresentation in the pleading and Section 16 is defined
what is undue influence. Plaintiffs