fraud and mis- representation are not defined in the Act. Section 17 of the Indian Contract Act defines the word fraud and under that Section ... believe to be true.
9. Section 18 of the Contract Act defines misrepresentation meaning interalia the positive assertion in a manner not warranted
Indian Contract Act, 1872 reads as under:-
18. "Misrepresentation" defined.--"Misrepresentation" means and includes-- --"Misrepresentation" means and includes ... mortgage money from Z. A cheats.
34. The word "Misrepresentation" as defined in the Section 18 of the Indian Contract
Apex Court has referred the definition of Fraud, Misrepresentation, Undue Influence and in para no. 43 has held as under:
"43. A perusal ... with Section 18(1) of the Contract Act which, inter alia, defines "misrepresentation". It provides that it is misrepresentation if a positive assertion
that the contract of insurance was void on account of the said misrepresentation.
3. I have heard learned counsel for the parties. It is common ... practised, or to whom such misrepresentation was made, does not render a contract voidable." Misrepresentation is defined as under by Section
When the consent to an agreement is caused by coercion, fraud or misrepresentation the agreement is a contract viodable at the option of the party ... practiced, or to whom such misrepresentation was made, does not render a contract viodable."
"Misrepresentation" as defined under Section
while filling up the form/proposal. The effect of non-disclosure and misrepresentation would entitle the Insurance Company in repudiating its liability.
12. The learned ... whom such misrepresentation was made, does not render a contract voidable."
9. "Misrepresentation" as defined under Section 18 of the Contract
fact or circumstance concerning the appellant wife. 'Fraud' has been defined under Section 17 of the Contract Act; and according to Section ... caused by fraud as defined in Section 17 or misrepresentation as defined in Section 18 .
10. The parties in this case had both attained
Hindustan Steelworks Construction ... vs New Okhla Industrial Development ... on 22 September, 2023
Author: Manoj Kumar
caused by coercion, undue influence, fraud, misrepresentation or mistake. His consent is free as defined in Section 14 of the Indian Contract Act though
misrepresentation.
Learned counsel for the appellant vehemently contended that in case the Will is proved to have been obtained by fraud and misrepresentation, then ... Indian Contract Act, 1872 defines that "when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable
