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
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be rescinded by the aggrieved party.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
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
Petitioner within the ambit of the expression
"misrepresentation" as defined in Section 18 of the
Indian Contract Act, 1872, since neither
Code as defined in s. 415
of the Code has two essential ingredients, viz., (1) deceit,
i.e., dishonest or fraudulent misrepresentation to a person
settled that misrepresentation itself amounts to fraud. Indeed, innocent misrepresentation may also give reason to claim relief against fraud. A fraudulent misrepresentation is called deceit ... misrepresentation, if it was at the material date false in substance and in fact. Section 17 of the Indian Contract Act, 1872 defines "fraud
petitioner for the following reasons:
(a) Section 415 of IPC, 1860 defines the offence of
cheating; ordinarily, a person is said to cheat when ... defined u/s.415 ; the offence of cheating
5
under Sec.420 of the Penal Code as defined in Sec.415 of
the Code
obtaining money, amounts to the offence
of cheating by personation as defined in s.416 of the Indian
Penal Code, which must be read ... cheating
under Section 417 if the intercourse was induced by any
misrepresentation on her part that she did not suffer from
syphilis. In Queen
obtaining money, amounts to the offence
of cheating by personation as defined in s.416 of the Indian
Penal Code, which must be read ... cheating
under Section 417 if the intercourse was induced by any
misrepresentation on her part that she did not suffer from
syphilis. In Queen
read with
S. 107 .
9. The word "abetment" has been defined in Section 107 IPC as follows:
"Abetment of a thing ... doing of that thing.
Explanation 1 A person who, by willful
misrepresentation, or by willful concealment of a
material fact which he is bound