Court : Mumbai
Reported in : AIR1928Bom427; (1928)30BOMLR1149; 113Ind.Cas.27
..... and this defect in title, it is clear that there was no mutual mistake which would bring the case under section 20 of the indian contract act. therefore, we come to the two other contentions as to fraud and misrepresentation.3. it is quite clear that, if the plaintiff could with ordinary care have discovered that there was this defect of title, then ..... make such disclosure as fraudulent. mr. thakor also contends that, apart from this particular provision about fraud, there was misrepresentation on the part of the defendant which would entitle him to avoid the contract under sections 18 and 19 of the indian contract act; and thirdly, he relies upon the contention that there was a mutual mistake of facts which would make the agreement ..... leaving aside the special provisions of section 55 of the transfer of property act, we consider the sections relating to fraud and misrepresentation in the indian contract act. section 1,9 contains an exception that, if consent was caused by misrepresentation or by silence, which is fraudulent within the meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so ..... taken into account in deciding what relief he should grant to the plaintiff. the question before him became one simply of damages to be awarded under section 73 of the indian contract act, and in awarding damages it is an ordinary rule that a change of circumstances may be taken into consideration. thus it is said in mayne on damages, 10th edition, .....Tag this Judgment!
Court : Patna
..... contract or to call upon the party, who made the representation to perform the contract and to put him in the same position in which he ..... alloted in favour of the petitioners did not belong to the board and accordingly, the contract, entered by and between the petitioners and the board in relation thereto, is vitiated by reason of misrepresentation made by the board.8. section 18 of the indian contract act, 1872 defines misrepresentation, as, amongst others, a positive assertion in a manner not warranted by the information ..... assertion made by it in the allotment letter issued to the petitioners was not true. the first contract inter se the board and the petitioners pertaining to the said plot of land is, therefore, vitiated by misrepresentation. when consent to a contract is obtained by misrepresentation. section 19 of the indian contract act, 1872 authorises the party, whose consent was so obtained, to avoid the ..... to obtain refund of all moneys that they have paid on account of the first contract. that appears to be the right conferred on the petitioner in terms of the general law laid down in the indian contract act, 1872.11. if the petitioners have any other right given to them by any special enactment, of course, the matter is different. .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(3)ALD351
..... of late chandramma were obtained through misrepresentation. 16. under section 19 of the indian contract act, misrepresentation is one of the grounds for rendering a contract voidable. any contract, which is vitiated on account of misrepresentation, is voidable at the instance of the party whose consent was so caused. misrepresentation is defined under section 18 of the contract act. it is an inclusive definition. to establish misrepresentation, necessary facts constituting or leading ..... to misrepresentation have to be pleaded and established ..... . except stating that the 1st respondent procured the signatures of chandramma in exs. b19 and b20 by misrepresentation, nothing was pleaded. misrepresentation is not something, which is to be .....Tag this Judgment!
Court : Kerala
Reported in : AIR1958Ker322
..... may have stoutly asserted their exclusive title during the partition litigation but these, to our mind, can hardly suffice the test as regards their bona fides. section 18 of the indian contract act defined misrepresentation so as to mean and include:'the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though ..... was held that as far as travancore was concerned the rule of caveat emptor was applicable to sales of immovable property when the vendor had acted bona fide and had not been guilty of fraud or misrepresentation and had given no covenant for title in the sale deed.the law was the same as that which existed be-fore the enactment of ..... vendors in ext. b sale and further that to the extent they had affirmed therein the origin of their title, they were only acting under a bona fide belief. the court below therefore absolved the vendors of any fraudulent misrepresentation in the matter of the execution of ext. b. it also found that the clause as to indemnity contained in ext. b ..... the conveyancing act of 1881 in england and of the transfer of property act in british india. consequently no absolute or qualified covenant for title could be ipso .....Tag this Judgment!
Court : Mumbai
Reported in : (1931)33BOMLR1377
..... bills would have correctly appeared in the final agreement that was executed on january 25, 1930. a misrepresentation need not necessarily be a fraudulent representation. under section 18(3) of the indian contract act misrepresentation means and includes 'causing however innocently a party to an agreement to make a mistake as to the ..... through a mistake or inadvertently the plaintiff misrepresented the tenure as described in clause 5 (a). his counsel, however, argued that there was no misrepresentation, but at the most it can be stated that it was a misdescription of the tenure, and that too not a material one. in ..... renewable every fifty years, whereas the tenure was really newly assessed. the plaintiff's attorneys replied on february 10, 1930, that there was no misrepresentation, and that the defendant had pointed out at the time of execution of the agreement that the land was held from government in perpetuity, ..... under the agreement the vendor is bound to make out a marketable title to the property. under section 25(2) of the specific relief act a contract for the sale of property cannot be specifically enforced in favour of the vendor who cannot give the purchaser a title free from reasonable doubt ..... but if there is a reasonable probability that forcing a title upon an unwilling purchaser will involve him in litigation, the court cannot enforce the contract, as i have stated before. it is laid down in tottempudi venkataratnam v. tottempudi sheshamma i.l.r. (1903) mad. 228 that the .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1988KAR1185; 1988(1)KarLJ530
..... this decision also the effect of fraud as defined in section 17 of the indian contract act did not come up for consideration. here, the cause of action for the plaintiff is based on fraud and misrepresentation. the meaning of the word fraud is statutory defined under section 17 of the indian contract act and in our view the pleadings of the plaintiff come squarely within the ..... of fraud and misrepresentation then the document in question itself is void and assuming ..... meaning of fraud and misrepresentation as defined under the provisions of sections 17 and 18 of the indian contract act.12. when the plaintiff makes out a case .....Tag this Judgment!
Court : Punjab and Haryana
..... the transfer of property act. though under the provisions of indian contrat act, 1872 the consent is an essential pre- requisite of a concluded contract where in elements of coercion, undue influence, fraud, misrepresentation and mistake should not be embedded and the term fraud . has been defined in section 17 of the indian contract act, 1872 as some thing ..... that the document signed by the agent in place of the principal is binding and effective and a holder of power of attorney is entitled to act on behalf of the principal or that the property singh ravinder 2014.03.14 09:57 i attest to the accuracy and integrity of this document ..... not registered and is less than the value of rs.100/- and if, more has to be registered in terms of section 17 of the registration act and, thus, elements of the things to be sold, the price and the consent are very much essential and the rights and liabilities of a ..... submissions of shri mangat arora advocate, counsel for the contesting respondents, the term sale . has been defined in section 54 of the transfer of property act, which provides that sale is a transfer of ownership in exchange for price paid or promised or part paid and part promised and ensures that delivery of ..... written statement, it is one of the grounds that defendants no.1, 2 and 5 were appointed attorneys by the plaintiffs and they had been acting as such; the suit should have been only for rendition of accounts and is not maintainable in the present form. defendant no.5 ram gopal is .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1928Bom17; (1927)29BOMLR1535
..... be taken subject to that fact. but it seems to me that the only remedy now open to the plaintiffs is one under section 19 of the indian contract act on the ground of misrepresentation. section 18 defines misrepresentation as inter alia '(2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming ..... i agree, as explained in the judgment of the learned chief justice, that even if there be a misrepresentation, which would give the plaintiff a ground for action, still it would only be under the second para of section 19 of the indian contract act that he can obtain relief, and that relief would be by putting him in the position which he would ..... cestui que trust.13. it is, however, unnecessary for us to go into authorities on english law for it all comes back to this that under section 19 of the indian contract act the plaintiffs at most can only be entitled to be put in the same position as if the representation that was made had been true, supposing, as here, rescission is ..... 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 was so caused. a party to a contract, whose consent was caused by fraud or misrepresentation may, if he thinks fit, insist that the contract shall be perform/id, and that he shall be put in the position .....Tag this Judgment!
Court : Delhi
Reported in : 147(2008)DLT472
..... misrepresentation is upon the person who alleges the same.41. to establish that the said false ..... false, appellant asserted that he did not submit the affidavit.39. misrepresentation means a false representation of facts made by a party in relation to an essential or incidental term to a contract. (see section 18, indian contract act, 1872, 'law of contract' by cheshire, fifoot and furmston (xiiith edition) and 'law of contract' by anson (xxvith edition).40. burden of proof of proving the ..... representation allegedly made by the appellant amounts to 'misrepresentation of facts' it was essential for dda to ..... policy was not filed by dda before the trial court yet this court can take judicial notice of the said policy in view of section 57(1) of the indian evidence act which provides that the court can take judicial notice of the laws in india.55. the said policy has been noted in number of judicial pronouncements. for instance, .....Tag this Judgment!
Court : Mumbai
Reported in : (1925)27BOMLR514; 92Ind.Cas.9
..... . on the second issue he decided that the first defendant obtained the shares by a material misrepresentation of fact, bat that as the interests of a bonafide pledgee under section 178 of the indian contract act had intervened, the second defendant could not be placed in the status quo ante. consequently he ..... pledge of the share certificates created by the first defendant in favour of the plaintiffs is valid: section 178, indian contract act. the term 'goods' used in that section is very wide (s. 76 of the said act), sufficiently wide to include share certificates (fazal v. mangaldas i. l. r. (1921) 46 bom. 489section ..... for that business. the question whether the pledge of the shares before the rescission of the contract would be invalid is considered by messrs. pollock and mulla in their notes to section 178 of the indian contract act, at p. 639. the authors think that the use of the term ' fraud ' ..... in juxtaposition to offence would seem to indicate that it is confined to the substantive wrong of deceit. if possession of goods obtained under a contract voidable on the ground of ..... to negotiate with him with regard to starting a new business by misrepresenting the amount of his liabilities in his old business. such a misrepresentation would enable the second defendant; to avoid the agreement to start the new business and to recover the shares entrusted to the first defendant .....Tag this Judgment!