Court : Mumbai
Reported in : 2004(2)ALLMR491; III(2004)BC352
..... fraud and who has consented due to the fraud practised. it is true that in construing the word 'fraud' we need not confine to the definition of 'fraud' contained in indian contract act and i am in ..... is necessary to make out a specific case on facts that the fraud as alleged has been practised. it necessarily involves details as to who has practised fraud i.e. who is the perpetrator of the fraud and who is the victim of fraud. the indian contract act makes a contract entered into by practising fraud voidable at the instance of the party who is the victim of the ..... agreement with the learned counsel for the custodian that the word 'fraud .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110
..... nullity if the consent of either party to the marriage was obtained by coercion or fraud, as defined in the indian contract act, 1872. now, fraud is defined in section 17 of the indian contract act, 1872, which runs thus :- ' 'fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto ..... , which lays down that non-disclosure or concealment of a fact and/or misrepresentation of a fact amounts to fraud. it seems to me, therefore, that even under the indian divorce act, 1869, the definition of 'fraud' given in section 17 of the indian contract act does not appear to apply. it is true that this high court has held in a. v. b. 54 bom lr ..... whether the provisions of section 17 of the indian contract act, 1872, apply to fraud as understood in section 12(1)(c) of the hindu marriage act, 1955.10. the difficulty arises because the word 'fraud' is not defined in the hindu marriage act, 1955. but in my opinion, the provisions of section 17 of the indian contract act cannot apply to fraud as understood in section 12(1)(c) of .....Tag this Judgment!
Court : Mumbai
..... achieving both its goals."21. it is also required to be noted that the agreements were already there on the record of the respondent board. section 17 of the indian contract act, 1872 defines fraud. section 19 deals with voidability of agreement without free consent. the said section further provides for exception and it provides that if such consent was caused by misrepresentation or ..... comes into play. it shall not apply to misrepresentations which are fraudulent within the meaning of section 17 of the contract act. all misrepresentations are not necessarily fraudulent.23.2 referring to the meaning of fraud as defined in section 17 of the contract act, mr. dada has also relied upon the decision of the calcutta high court in the case of john minas apcar ..... to apply to misrepresentation which is fraudulent within the meaning of section 17 of the 1 air 1978 patna 3342 air 1939 calcutta 473 contract act. he submits that the phrase 'fraudulent within the meaning of s. 17" applies to ..... vs. louis caird malchus2 and submits that exception to section 19 applies to cases of misrepresentation as distinguished from fraud and cannot be interpreted as being meant .....Tag this Judgment!
Court : Kerala
Reported in : AIR1999Ker72
..... performing the bank guarantee which cannot be done whereas the respondent could sue the appellant for damages.20. section 17 of the indian contract act defines 'fraud'. it is a comprehensive term and embraces large number of delinquencies. a person who alleges fraud must give particulars thereof in his pleadings. it must be established beyond any reasonable doubt. lord alkin in a. l. ..... a peep into the sanctity of bank guarantees in commercial transactions. section 126 of the indian contract act, 1872 defines 'contract of guarantee' as a contract to perform the promise, or discharge the liability, of a third person in case of his default. the contract of guarantee is a trilateral contract, that is to say three persons, surety, principal debtor and creditor are involved. ..... is no doubt true that the terms and conditions of the contract do not specifically refer to the payment of contribution under the welfare fund act. that does hot mean the whole transaction is vitiated for exercise of fraud. whether such payment falls under any general provisions of the contract is a dispute to be decided between the parties. as far ..... therefore he pleaded that enforcement of bank guarantees is vitiated by fraud and irretrievable injustice.10. on the other hand, the hscl claims indemnification in respect of contribution under the welfare fund act paid or payable to the workers employed by geo-tech for the performance of works contract. the counsel for the hscl by placing reliance on different sections .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1978Cal407,82CWN437
..... is not necessary to deal with undue influence and coercion but it is necessary to refer to section 17 of the indian contract act which defines fraud and which states that fraud means and includes any of the following acts committed by a party to a contract or with his connivance, or by his agent with intent to deceive another party to induce him to enter a ..... to be true, or an active concealment of a fact by one having knowledge or belief of the fact, 3. 18 defines misrepresentation and section 19 of the indian contract act stipulates that when consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent is so caused. a party to ..... the plaint and what is the nature of the suit filed.9. section 14 of the indian contract act stipulates that consent is said to be free when it is not caused by coercion as denned in section 15 or undue influence as defined in section 16 or fraud as denned in rule 17 or misrepresentation as defined in section 18 or mistake, subject ..... made had been true. in this connection reliance may also be placed on section 27 of the specific relief act which deals with the conditions under which rescission of contract is permissible. section 64 of the indian contract act also deals with the restitution when a contract is avoided.10. in the case of m/s. east india commercial co. ltd., calcutta v. collector of customs .....Tag this Judgment!
Court : Jharkhand
Reported in : AIR2004Jhar139; [2004(3)JCR139(Jhr)]
..... , undue influence, fraud, misrepresentation or mistake. fraud means and includes any other acts committed by a party to a contract with intent to deceive another party to the contract. section 17 of the indian contract act, 1872 defines 'fraud' and it includes such act which intends to deceive another party and also any other act fitted to deceive. in other to constitute fraud, such acts should have been done by ..... the party to the contract or by ..... a lawful consideration and with a lawful object, and are not expressly declared to be void under the indian contract act, 1872. a consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation and mistake and consent is said to be so caused when it would not have been given but for the existence of such coercion .....Tag this Judgment!
Court : Orissa
..... therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the indian contract act, 1872 defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise, fraud arises out of deliberate active role of the representation about a fact, which he knows to be untrue yet he ..... therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the contract act defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role of representator about a fact which he knows to be untrue yet he succeeds in ..... if a party makes representations, which he knows to be false, and injury enures therefrom although the motive from which the representations proceeded may not have been bad. an act of fraud on court is always viewed seriously. a collusion or conspiracy with a view to deprive the rights of the others in relation to a property would render the transaction void ..... this context, it is necessary to extract what the apex court said in commissioner of customs v. essar oil ltd., (2004) 11 scc 364, at page 376 : 30. a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. it is a deception in order to gain by another's loss. it is .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
..... nevertheless amounts to a "fraud" under the 2003 regulations for the limited purpose of transaction in securities. 8. there is considerable force in ..... the same and does not adopt the strict definition of "fraud" as obtained in the indian contract act. it includes many situations which may not be a "fraud" under the contract act and the 1995 regulations, but ..... (futp) regulations, 1995. 7. on a comparative analysis of the definition of "fraud" as existing in the 1995 regulations and the subsequent amendments in the 2003 regulations, it can be seen that the original definition of "fraud" under the sebi (futp) regulations, 1995 adopts the definition of "fraud" from the indian contract act, 1872 whereas the subsequent definition in the 2003 regulations is a variation of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1927Bom384; (1927)29BOMLR115
..... v. govind narasinv i.l.r. (1904) 28 bom. 639 was a case before sir lawrence jenkins and mr. justice aston. there the court pointed out that, under the indian contract act, a fraud rendered a contract voidable but not void. that, of course, is a proposition which we accept. but with reference to the case of jugaldas v. ambashankar i.l.r. (1888) 12 ..... been strongly urged upon us by counsel for the appellants that this is in effect a suit to set aside a document on the ground of fraud or undue influence within the moaning of the indian contract act, section 16, 17 or 18, and that as dashrath is dead, the right to sue does not devolve on his personal representatives, as the relief given ..... take it is not strictly necessary to give a decision as to whether, if the case did not fall within the above section of the indian trusts act, the suit would be maintainable under the sections of the indian contract act, but as the point has been argued, i have no hesitation in expressing my individual opinion that, having regard to the subsequent sections in ..... the ind an contract act which- clearly contemplate that in certain eases the benefit and burden of promises shall devolve on legal representatives, that would also be the case .....Tag this Judgment!
Court : Allahabad
Reported in : 2004(2)AWC1811
..... secondary evidence is admissible under the provisions hereinbefore contained.' 20. section 92 of the evidence act excludes any oral agreement or statement varying the terms of a written contract.21. a contract between the parties can be assailed only on the grounds mentioned in the indian contract act such as fraud, undue influence, and misrepresentation. there is no plea or evidence of any ..... fraud, undue influence, and misrepresentation, etc. in this case. the plea taken by the railways that the contract was unenforceable and bad as unworkable, unrealistic, etc. is merely ipse dixit and is ..... was found unworkable, unrealistic, null and void.8. the claimant appellant replied to the said objection stating that the terms and conditions mentioned in the indian railways standard conditions of contract have no application and the matter is governed by the price variation clause in the agreement between the parties.9. an arbitration award was given on ..... will vary; that the arbitrator has misconducted himself in not appreciating the fraud committed by the opposite party in not claiming increased price along with the bills for supply and it also misconducted in not appreciating rule 300 of the indian railway standard conditions of contract binding on the parties which authorised the railway to withdraw and terminate .....Tag this Judgment!