Democratic Builders vs Union Of India on 29 February, 1996
Author: K. Ramamoorthy
Bench: K
ours]
10.3 Misrepresentation is defined under Section 18 of the Contract Act.
Section 18 of the Contract Act defines "misrepresentation" to mean
Signature ... Contract Act
is extracted below:
"18. "Misrepresentation" defined.--
"Misrepresentation" means and includes--
(1) the positive assertion, in a manner
false.
17. Though undoubtedly the consent to an agreement obtained by
misrepresentation makes the agreement voidable under Section 19 of the Indian
Contract ... position to obtain an unfair advantage over the other. Section 18 defines
misrepresentation as positive assertion of that which is not true, to mislead
said provisions read as under:-
"17. 'Fraud' defined.-"Fraud" means and includes any of the
following acts committed ... silence, is, in itself, equivalent to speech."
18. "Misrepresentation" defined ---- "Misrepresentation"
means and includes--"
(1) the positive assertion
exercised the Put Option pursuant to the JV
Agreement; (xv) that misrepresentation qua valuation of shares has
been introduced as a red herring, to avoid ... Section 18 of the Contract Act defines "misrepresentation" as
meaning and including (i) positive assertion of that which is not true
though
respondent. Section 17 of the
Contract Act, 1872 defines fraud and Section 18 defines misrepresentation.
Concealment of a fact falls under both. Once the contract
defined in section 15, or
(2) undue influence, as defined in section 16, or
(3) fraud, as defined in section 17, or
(4) misrepresentation ... omission as the law specially declares to
be fraudulent.
18. "Misrepresentation" defined
"Misrepresentation" means and includes -
(1) the positive assertion
found concealment of facts,
such a contract having been entered into with misrepresentation or fraud, can
be rescinded by the aggrieved party.
4. I have ... Contract Act, 1872 defines fraud and Section 18
W.P.(C) No.7457/2012 Page 4 of 11
defines misrepresentation. Concealment of a fact falls
Indian Contract Act, 1872 read as under:-
"18. Misrepresentation defined. -
FAO(OS) No.285/2015 Page 10 of 15
„Misrepresentation‟ means and includes
recording the alternative finding of fraud or misrepresentation as the
same are two independent concepts defined in section 17 and 18 of the
Contract