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
place order in
terms of the norms. This is not innocent misrepresentation which could be ignored.
It is not the provision of Indian Contract ... Indian Contract Act 1872 defines misrepresentation in the
following words:
"18. "Misrepresentation" defined.-- "Misrepresentation"
means and includes--
(1) the positive
recording the alternative finding of fraud or misrepresentation as the
same are two independent concepts defined in section 17 and 18 of the
Contract
Apex Court has referred the definition of Fraud, Misrepresentation, Undue Influence and in para no. 43 has held as under:
"43. A perusal ... with Section 18(1) of the Contract Act which, inter alia, defines "misrepresentation". It provides that it is misrepresentation if a positive assertion
assured had rendered the contract of
insurance void because of the aforementioned
misrepresentation on the part of the assured.
Learned trial Court recorded a definite ... fraud and misrepresentations under
the Contract Act . Section 17 defines fraud and
Section 18 defines misrepresentation. A combined
reading of Sections
termination that such act of the petitioner amounts
to misrepresentation.
12
The misrepresentation has been defined u/s 18 of the
Indian Contract ... follows:-
"Misrepresentation" defined. -- "Misrepresentation" means
includes-
(1) the positive assertion, in a manner not
warranted by the information of the person
revisionist.
(vi) That the revisionist had signed the
compromise deed under misrepresentation
that all the retirement benefits of her late
husband was given ... Court
examined section 18 of the Indian Contract Act, 1872
which defines "misrepresentation". The learned Trial Court
noted that the revisionist
College which is based on a
misrepresentation that the college was entitled to
charge the said amounts. This misrepresentation by
the Respondent No.5-College ... mistake or under coercion, must repay or
return it.
18. "Misrepresentation" defined.--
"Misrepresentation" means and includes--
(1)the positive assertion
necessary.-
In all cases in which the party pleading relies on any
misrepresentation, fraud, breach of trust, wilful
default, or undue influence ... statement of defendant No.1.
25. Section 18 of the Act defines
'misrepresentation' as neglecting to disclose a material
fact without other party
deed is
executed in favour of defendant no.1 on account of
misrepresentation. The plaintiff has not produced any material
to establish his contention ... refer to Section 18 of the Indian Contract Act.
18. "Misrepresentation" defined.--
"Misrepresentation" means and includes--(1)the
positive assertion
