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
defined in section
15
(2) undue influence, as defined in
section 16 , or
(3) fraud, as defined in section
17 ,
(4) misrepresentation, as defined ... Coercion is defined in
Section 15 , undue influence is defined in Section 16 , fraud is defined in
Section 17 and misrepresentation is defined in Section
defined in section 15, or (2) undue influence, as defined in section 16, or (3) fraud, as defined in section 17, or (4) misrepresentation ... such coercion, undue influence, fraud, misrepresentation, or mistake."
Coercion, undue influence, fraud and misrepresentation are defined in Sections 15, 16, 17 and 18 respectively
defined in section 15 , or
(2) undue influence, as defined in section 16 , or
(3) fraud, as defined in section 17 , or
(4) misrepresentation ... unless his silence, is, in itself, equivalent to speech.
Similarly, misrepresentation is defined under Section 18 as under: -
18. "Misrepresentation" defined.--"Misrepresentation
defined in Section 15 , or (2) undue influence, as defined in Section 16 , or (3) fraud, as defined in Section 17 or (4) misrepresentation ... such coercion, undue influence, fraud, misrepresentation, or mistake".
9. Coercion, undue influence, fraud and misrepresentation are defined in Sections
defined in section 15
(2) undue influence, as defined in section 16 , or
(3) fraud, as defined in section 17 ,
(4) misrepresentation, as defined ... defined in Section 15 , 'undue influence' is defined in Section 16 , 'fraud' is defined in Section 17 and 'misrepresentation
defined in section 15 , or (2) undue influence, as defined in section 16 , or (3) fraud, as defined in section 17 , or (4) misrepresentation ... such coercion, undue influence, fraud, misrepresentation, or mistake."
13. The terms coercion, undue influence, fraud and misrepresentation are defined in Sections
defined in section 15 , or (2) undue influence, as defined in section 16 , or (3) fraud, as defined in section 17 , or (4) misrepresentation ... such coercion, undue influence, fraud, misrepresentation, or mistake."
6. Coercion, undue influence, fraud and misrepresentation are defined in Sections
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
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
