29 May 2012
What is the difference between fraud and misrepresentation?In the case of Hazi Ahmed vs Abdul Gani Khan AIR 1937 Nagpur 270.The circumstances of the cases seemed to be fraud but the court declared it to be misrepresentation.The case is given in short as under:-
In the negotiations of a marriage contract the relatives speaking for the girl failed to disclosed that she suffered from epileptic fits.The engagement was held to be voidable by the reason of misrepresentation.In this case non disclosure of very material facts was held to be misrepresentaion. PLease explain the distinction and the above case study.
30 May 2012
Marriage does not require declaration of any decease. However, If any presentation is made unknowingly/without knowledge then no matter of supression of fact. So it is misrepresentation and if any fact is supressed,then it is fraud.
31 May 2012
Sorry sir I still did not understand the point.The fact that the girl was suffering from fits was an impt and it was purposely not disclosed.
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