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there is an equity between the
parties arising from contract, fraud or trust provided that the
decision of title ... relation was
established on the ground of contract, trust or fraud, but in no
case of which I am aware
Bombay High Court
parties to a contract is caused by fraud,
mis-representation or mistake etc., it is not a free consent ... Court held that if active concealment of fraud is established
the contract would stand vitiated. The Court referred to Section
Gujarat High Court
caused'.
A party to a contract, whose consent was caused by fraud or
misrepresentation, may, if he thinks fit 'insist ... fraudulent party cannot build any rights
an a contract obtained by fraud though it is open to the deceived party
Allahabad High Court
marriage. Hence. where marriage has been contracted
by way of fraud , how we should provide effect ive relief ... vehemently support the idea that the definition of 'fraud' given under
Contract Act, should not be applied to a Hindu
Central India Law Quarterly
herein
and alternatively having claimed that the contract was vitiated by
fraud, the court should not under Section ... itself would not disclose that the contract was vitiated by fraud.
That the averments by the appellants that they have
Bombay High Court
India should, under the heading 'fraud' apply
the ordinary principles applicable to ordinary contracts and if on
applying those principles ... Section 19 that his consent was obtained by fraud, In other words,
Mr. Sethna submitted that the question
Bombay High Court
Fraud and Mistake" in
Chapter-I dealing with contract induced by fraud said that such
contract is voidable ... party defrauded.
The fact that the contract has been induced by fraud does not make
the contract void, or prevent
Bombay High Court
challenged on the same ground
as a contract. Fraud which would vitiate a contract has been defined
under Section ... willingness of a person to enter into a contract is not fraud,
unless the circumstances of the case are such
Allahabad High Court
being
prejudicial to another. In Black's Legal Dictionary, "fraud" is
defined as an intentional perversion of truth ... fact. Section 17 of the Indian Contract
Act, 1872 defines "fraud" as act committed by a party to a contract
Supreme Court of India
other
law, unless the contract itself, or the permission of the Controller is
vitiated by fraud. Absent such vitiating circumstance ... possession beyond
that period. Parties are bound by their contract, as sanctioned by the
Controller, and the provisions of Section
Supreme Court of India
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