defined in Section
18 of the Contract Act, as follows:
“18.“Misrepresentation” defined.—
“Misrepresentation” means and includes—
(1) the positive assertion, in a manner ... with Section 18(1) of the Contract Act which,
inter alia, defines “misrepresentation”. It provides that
it is misrepresentation if a positive assertion is made
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
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
Section 18 of
the Contract Act, as follows:
"18."Misrepresentation" defined.-- "Misrepresentation"
means and includes-- (1) the positive assertion ... with Section
18(1) of the Contract Act which, inter alia, defines
"misrepresentation". It provides that it is misrepresentation if
a 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
Indian Contract Act, 1872 . Section 18 (1) of the Act defines 'misrepresentation' as follows:
"18. (1) the positive assertion, in a manner
silence,
is, in itself, equivalent to speech.
xxx xxx xxx
18.“Misrepresentation” defined.- “Misrepresentation” means
and includes-
(1) the positive assertion, in a manner ... misrepresentation which did not cause
the consent to a contract of the party on whom such fraud was
practised, or to whom such 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 ... omission as the law specially declares to
be fraudulent.
18. "Misrepresentation" defined
"Misrepresentation" means and includes -
(1) the positive assertion
