Democratic Builders vs Union Of India on 29 February, 1996
Author: K. Ramamoorthy
Bench: K
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
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
misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation ... fraud and misrepresentations under the Contract Act . Section 17 defines fraud and Section 18 defines misrepresentation. A combined reading of Sections
Chander Wadhwa vs Smt. Chand Rani etc. 13
17. "Fraud" defined "Fraud" means and
includes any of the following acts committed ... omission as the law specially
declares to be fraudulent.
18. "Misrepresentation" defined
"Misrepresentation" means and includes
(1) the positive assertion
tenable in law.
Section 18 of the Indian Contract Act defines
"misrepresentation" to include an act which causes,
O.M.P. (COMM ... been defined in S. 17
of the Act and misrepresentation has been defined
in S. 18 of the Act, but the remedy for both
fraud or
misrepresentation is alleged, it is for the party who approaches the Court to plead
and prove the alleged fraud or misrepresentation by producing ... fraudulent."
Section 18 of the Indian Contract Act, 1872, defined 'misrepresentation' and
it reads as under
fraud or misrepresentation is alleged, it is for the
party who approaches the Court to plead and prove the alleged fraud or
misrepresentation by producing ... fraudulent."
Section 18 of the Indian Contract Act, 1872, defined 'misrepresentation' and
it reads as under:
"18. "Misrepresentation
regards the claims on the allegations of
fraud and misrepresentation, the suit was dismissed. A
decree was granted in favour of the plaintiff for
recovery ... Cross Appeal
-: 7 :-
"18. Misrepresentation" defined.- "Misrepresentation"
means and includes -
(1) the positive assertion, in a manner not warranted
regards the claims on the allegations of
fraud and misrepresentation, the suit was dismissed. A
decree was granted in favour of the plaintiff for
recovery ... Cross Appeal
-: 7 :-
"18. Misrepresentation" defined.- "Misrepresentation"
means and includes -
(1) the positive assertion, in a manner not warranted