Ms. Shabnam Khan vs Mr. K.C. Venkatesh on 18 September, 2021
1
O.S
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
this:
Section 18 in The Indian Contract Act , 1872
18. "Misrepresentation" defined.
--"Misrepresentation" means and
includes-- --"Misrepresentation" means
misrepresentation. Thus this court drawn its attention on Sec.16
of the Indian Contract Act, which reads like this:
[16. 'Undue influence' defined ... Indian
Contract Act which reads like this:
18. "Misrepresentation" defined.
--"Misrepresentation" means and
includes-- --"Misrepresentation" means
and includes
Indian Contract Act, 1872 defines fraud
and Section 18 of Indian Contract Act, 1872 defines
misrepresentation. The principle difference between fraud and
misrepresentation is that
only controversy remains is the rate of interest,
charges and fraud/misrepresentation alleged by the defendant.
Therefore, it would be apposite to pause and advert ... both with intent to deceive another party. Besides,
Section 18 which defines 'misrepresentation' also includes similar
circumstances though without an intention to deceive
defined in section 15 , or
(2) undue influence, as defined in section
16 , or
(3) fraud, as defined in section 17 , or
(4) misrepresentation ... consent is wanting. Sections 15 , 16 , 17 and 18
define coercion, undue influence, fraud and
misrepresentation. Section 19 deals with voidability of
agreements without free
order in
absence of any statutory provision on account of fraud or
misrepresentation, he would invite the attention of the
court to the contents ... Indian Contract Act, 1872 where fraud and
misrepresentation are defined, Mr. Shah, learned Senior
Counsel would submit that an element of fraud would
require intentional
order in
absence of any statutory provision on account of fraud or
misrepresentation, he would invite the attention of the
court to the contents ... Indian Contract Act, 1872 where fraud and
misrepresentation are defined, Mr. Shah, learned Senior
Counsel would submit that an element of fraud would
require intentional
Black's Law Dictionary, 9th Edition defines 'fraud' to
mean a knowing misrepresentation of the truth or concealment
of a material fact ... Contract
Act , we may also mention that misrepresentation is separately
defined thereunder. As per section 18 , representation means and
includes- (1) the positive assertion